Answered September 2026

Whether or not you caused the collision, stop, exchange and report honestly—ordinary civil fault alone does not end your F-1 status, but DUI or leaving the scene creates a separate legal risk.

“I'm an F1 student living in NY. How should I handle a car collision if it's not my fault (e.g., calling 911, insurance, what to ask the other party), and how do I handle it if it is my fault so that it doesn't affect my visa status?”

Summary

New York DMV says a crash record does not itself establish fault. If this is an ordinary insured collision with no arrest or criminal charge, you can handle it as a safety, reporting, and insurance matter while continuing to maintain your F-1 student requirements.

Fault changes which insurance coverage pays, but it does not change your duties to stop, exchange information, report the crash, and tell the truth.

You were not at faultinsurance claim

For injuries, file through the insurer covering the car you occupied, regardless of fault. For car repairs, open a claim against the other driver’s , or use your own optional if you purchased it; still complete every police, exchange, insurer, and MV-104 duty. [NY DFS Auto Insurance Guide; NY DMV crash-report guidance]

You were at faultsame duties

Your responds to covered claims by the other party and includes a legal defense; your optional covers your own collision damage, while handles covered injuries. Civil fault alone is not among the cited maintenance violations for , which focus on matters such as full-time study and authorized work, so ordinary fault by itself does not terminate your status. [NY DFS Auto Insurance Guide; USCIS Policy Manual Vol. 2, Part F, Ch. 3; DHS Maintaining Status]

A crash on your DMV record does not establish fault, and New York DMV says it does not determine fault. [NY DMV crash-report guidance]

Read the full explanation

Watch out for

MV-104 is a separate 10-day dutyA police report does not replace your own signed . File it within 10 days if anyone was injured or killed, or if damage to any one person’s property—including your own—exceeds $1,000. Late filing is a misdemeanor and can suspend your license or registration. [NY DMV Form MV-104; VTL § 605]
Injury claims have short deadlinesFor , send written notice within 30 days. The current rule also sets 45-day medical-bill and 90-day lost-wage deadlines, subject to the stated late-notice justification exception. [NY DFS Regulation 68 FAQ]
Never leave to avoid visa troubleIf property was damaged, stop and exchange the required license, address, and insurance details; if the owner is absent, report it to police. Leaving an injury or fatality scene is a crime—the conduct intended to “protect” you would create the greater legal and immigration risk. [VTL § 600; NY DMV crash-report guidance]
DUI is a different immigration branchOrdinary civil fault is not the same as a DUI arrest. Current State Department guidance permits prudential visa revocation for a DUI or similar arrest or conviction within the previous five years, including while the person is in the United States; your I-94 or D/S separately governs authorized stay. If arrested, do not travel internationally or enter a plea until criminal-defense advice is coordinated with immigration advice. [9 FAM 403.11-3(B), 403.11-5(B); State Department visa-expiration guidance]

Next steps

These steps preserve safety, insurance benefits, your driving privilege, and the distinction between an ordinary collision and an immigration-sensitive arrest.

Immediately

Stop, check for injuries, and get safe

Put the car in park and check everyone for injuries. Anywhere in New York, immediately notify police if anyone is injured or killed. In New York City, dial 911 if medical assistance is needed or the vehicle cannot be moved; if it is operable and nobody is injured, move it to a secure location before getting out. A property-only NYC collision ordinarily does not require a police report, but contact police if a parked-property owner cannot be found or a domestic animal is injured. [NY DMV; NYPD]

Before leaving

Exchange and preserve the required information

Exchange and record each driver’s full name and address, license number and state, registration name, plate number, insurer, policy number and effective dates; also ask for a phone number. Photograph the vehicles, plates, damage, positions, traffic controls, and road conditions if it is safe, and record witness and police-report details. If the other driver refuses, stay safe and call police rather than chasing or arguing. [VTL § 600; Form MV-104]

Requirements

Your driver license
Vehicle registration
Insurance identification card
A phone or paper for recording details

Promptly; injury notice within 30 days

Notify your insurer and open the correct claims

Report the collision promptly to your insurer even when you believe the other driver caused it. If injured while driving or riding in a car, send written notice to the insurer covering that car within 30 days; use signed Form NF-2 at https://www.dfs.ny.gov/apps_and_licensing/property_insurers/nofault/forms/nf-2. The insurer must send its Application for Benefits package within five business days after receiving notice. Submit medical bills within the 45-day rule and lost-wage claims within 90 days. The official NF-2 lists no filing fee. [NY DFS Auto Insurance Guide; Regulation 68 FAQ; Form NF-2]

Requirements

Policy number
Other driver’s insurance information
Crash date, time, location, and factual description
Photos and medical information, if any

Within 10 days

File the signed MV-104 when the threshold is met

File if anyone was injured or killed or damage to any one person’s property exceeds $1,000. Submit online at https://reportcrash.dmv.ny.gov/ using an NY.gov ID, or mail the signed original MV-104 to Crash Records Center, 6 Empire State Plaza, PO Box 2925, Albany, NY 12220-0925. The form and filing page list no filing fee. File even if police prepared their own report. [NY DMV Form MV-104; VTL § 605]

Requirements

Both drivers’ license, registration, and insurance details
Information about all people and injuries
Crash location and description
Police agency and report number, if any

Only if cited or arrested

Separate ordinary fault from any criminal case

No immigration form or fee is triggered merely because an insurer concludes you were civilly at fault; continue your normal full-course and authorized-work duties. If you are arrested—especially for DUI/DWI or leaving an injury scene—obtain coordinated criminal and immigration advice before pleading or traveling abroad. A DUI-related arrest or conviction within five years can support prudential visa revocation, while your I-94 or D/S separately records authorized stay. [USCIS Policy Manual; DHS Maintaining Status; 9 FAM 403.11; State Department visa guidance]

Requirements

Form I-20 and I-94
Any ticket, arrest paperwork, or charging document
Any court disposition

Others who faced this

You are not the first to go through this. Here is how it went for others who asked the same thing.

Legal sources

This answer relies on New York’s Vehicle and Traffic Law, NY DMV and DFS instructions, DHS and USCIS student-status guidance, and the State Department’s visa rules.

NY DMV crash-report guidance; VTL § 605

New York DMV explains when police notification and information exchange are mandatory and confirms that DMV does not determine fault.

NY DMV crash-report guidance; VTL § 605

Additional Requirements for Filing a Crash Report

If a person is injured or killed, you are legally required to immediately notify the police. This is in addition to filing a crash report. If the crash caused property damage only, you must exchange information about your driver license, insurance, and registration with the involved drivers. A crash listed on your driving record does not indicate that you were at fault. The DMV does not try to determine fault in a crash.

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NY VTL § 600(1)(a)

The statute specifies what a driver must provide before leaving a property-damage collision.

NY VTL § 600(1)(a)

§ 600(1)(a)

Any person operating a motor vehicle who, knowing or having cause to know that damage has been caused to the real property or to the personal property, not including animals, of another, due to an incident involving the motor vehicle operated by such person shall, before leaving the place where the damage occurred, stop, exhibit his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, and give his or her name, residence, including street and number, insurance carrier and insurance identification information including but not limited to the number and effective dates of said individual's insurance policy, and license number to the party sustaining the damage, or in case the person sustaining the damage is not present at the place where the damage occurred then he or she shall report the same as soon as physically able to the nearest police station, or judicial officer.

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NY DMV Form MV-104 (5/25)

The official form states the filing threshold, 10-day deadline, and consequences of missing it.

NY DMV Form MV-104 (5/25)

page 2

IMPORTANT: You must report within 10 days any crash occurring in New York State causing a fatality, personal injury or damage over $1,000 to the property of any one person. Failure to do so within 10 days is a misdemeanor. Your license and/or registration may be suspended until a report is filed.

Read the full text

NYPD Non-Injury Vehicle Collisions

NYPD explains when to call 911 and when an operable vehicle should be moved to safety in New York City.

NYPD Non-Injury Vehicle Collisions

If you cannot move your vehicle, or if medical assistance is needed, dial "911" and follow the operator's instructions. If your vehicle is operable, and neither you nor any passengers with you have suffered any injuries, you should move to a secure location (such as the nearest shoulder, the median, or the rightmost lane of the road) before exiting to assess the situation.

Read the full text

NY DFS Auto Insurance Guide—No-Fault/PIP

New York’s basic no-fault coverage pays defined injury-related economic losses regardless of fault, but not vehicle repairs.

NY DFS Auto Insurance Guide—No-Fault/PIP

No-Fault Benefits—Personal Injury Protection

No-Fault, also called Personal Injury Protection (PIP), is designed to pay promptly, regardless of who is at fault or whether there was any negligence, for economic losses (meaning medical/health expenses, lost earnings, and certain other reasonable and necessary expenses related to injuries sustained), up to $50,000 per person ("basic No-Fault coverage"), to the driver and all passengers injured in your car as well as any pedestrians injured by your car, because of its use or operation in New York State. No-Fault is a personal injury coverage and does not pay for auto body repair of your car or damage to any other party’s motor vehicle or other personal property.

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NY DFS Auto Insurance Guide—Liability and Collision

Liability coverage addresses another party’s covered claim, while optional collision coverage addresses your own car damage regardless of fault.

NY DFS Auto Insurance Guide—Liability and Collision

Liability Insurance; Collision Coverage

In addition, your insurance company must provide you with a legal defense against such claims, without reducing your policy's liability limits. With this optional insurance, your own insurer pays you, without regard to fault, for damage to your car caused by a collision with another car or any other object or your car overturning.

Read the full text

NY Insurance Regulation 68 FAQ

Regulation 68 establishes the no-fault notice, medical-bill, and lost-wage deadlines and the late-notice exception.

NY Insurance Regulation 68 FAQ

When and where should I file my No-Fault claim?

Regulation 68 requires that "in the event of an accident, written notice setting forth details sufficient to identify the eligible injured person, along with reasonably obtainable information regarding the time, place and circumstances of the accident, shall be given by, or on behalf of, each eligible injured person, to the applicable No-Fault insurer, or any of their authorized agents, as soon as reasonably practicable, but in no event more than 30 days after the date of the accident, unless the eligible injured person submits written proof providing clear and reasonable justification for the failure to comply with such time limitation." The revised Regulation modified the timeframes in which to submit written notice of claim from 90 to 30 days and to submit medical bills from 180 to 45 days, respectively, and mandated that lost wage claims must be submitted within 90 days.

Read the full text

USCIS Policy Manual Vol. 2, Part F, Ch. 3

USCIS identifies failure to carry an authorized full course load—not civil accident fault—as an F-1 status violation.

USCIS Policy Manual Vol. 2, Part F, Ch. 3

Chapter 3

If the student fails to carry a full-course load unless authorized by DSO in accordance with 8 CFR 214.2(f)(6)(iii), the student has failed to maintain a valid F-1 status.

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DHS Study in the States—Maintaining Status

DHS summarizes the study and employment duties that maintain student status.

DHS Study in the States—Maintaining Status

Maintain a full course of study each term. If you cannot study full time, contact your DSO immediately. You may be eligible for a reduced course load in limited circumstances. An F student may only work when authorized by a DSO in some cases, and U.S. Citizenship and Immigration Services (USCIS) in others.

Read the full text

U.S. Department of State—Visa Expiration Date

The State Department distinguishes the visa used to request entry from the I-94 or D/S record governing authorized stay.

U.S. Department of State—Visa Expiration Date

Admission to the United States and your Duration of Stay

Additionally, the visa expiration date shown on your visa does not reflect how long you are authorized to stay within the United States. On the admission stamp or paper Form I-94, the U.S. immigration inspector records either an admitted-until date or "D/S" (duration of status).

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9 FAM 403.11

The current Foreign Affairs Manual creates a DUI exception to the normal in-country non-revocation rule and uses a five-year arrest-or-conviction lookback.

9 FAM 403.11

403.11-3(B); 403.11-5(B)(c)

Under no circumstances should you revoke a visa when the individual is in the United States, or after the individual has commenced an uninterrupted journey to the United States, other than a revocation based on driving under the influence (DUI). Before doing so, re-send the fingerprints to NGI to obtain a RAP sheet for an arrest or conviction of driving under the influence, driving while intoxicated, or similar arrests/convictions (DUI) that occurred within the previous five years.

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NYS Form NF-2 (Rev. 1/2004)

The official NF-2 is the signed application used to claim New York motor-vehicle no-fault benefits.

NYS Form NF-2 (Rev. 1/2004)

TO ENABLE US TO DETERMINE IF YOUR ARE ENTITLED TO BENEFITS UNDER THE NEW YORK NO-FAULT LAW, PLEASE COMPLETE THIS FORM AND RETURN IT PROMPTLY. TO BE ELIGIBLE FOR BENEFITS YOU MUST COMPLETE AND SIGN THIS APPLICATION.

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These are the official rules and agency instructions published on the cited dates; rules can change.

This is general information about official processes, not legal advice; SettleKit is not a law firm.

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