When you are injured by a private car, New York law generally gives you three years to file a lawsuit. But if that vehicle is a city bus, a police cruiser, or a sanitation truck, a completely different and unforgiving clock starts ticking.
If you are hit by a vehicle owned by a municipality (like New York City, Buffalo, or Rochester) or a public authority (like the MTA or NYCTA), you have just 90 calendar days from the date of the crash to file a formal document, or you may permanently extinguish your right to recover compensation. A New York Pedestrian Accident Lawyer can ensure this critical deadline is not missed and that your claim is properly filed.
The government operates under a special set of rules. While the timeline is aggressive, recovery is possible when the rules are followed precisely and the key is avoiding the procedural errors that derail valid cases from the start. William Mattar, P.C. has years of experience managing New York’s notice of claim requirements so you may concentrate on your physical recovery.
If you have questions about a collision involving a bus or government vehicle, call William Mattar, P.C. We offer a free consultation, and there is no obligation to hire our firm.
Key Takeaways for Claims Against New York Municipalities
- You have only 90 days to file a Notice of Claim. This is a strict, non-negotiable deadline for preserving your right to sue a government entity like the MTA or the City of New York.
- Identifying the correct defendant is essential. Serving the Notice of Claim on the wrong entity may invalidate your case from the start.
- Filing the Notice of Claim is not the same as filing a lawsuit. You must still file the actual lawsuit within one year and ninety days of the incident, after completing other prerequisites like a 50-h hearing.
The 90-Day Trap Explained: Why Public Entity Claims Are Different
Public entities can only be sued if you follow their exact rules. The most significant of these is the requirement to provide prompt notice of your intention to file a claim—a critical issue in many pedestrian accident cases involving government vehicles. However, the harsh realities of this rule are typically discovered too late:
- The clock starts immediately. The 90-day countdown begins on the date of the accident, not the day you realize the severity of your injury or receive a formal diagnosis.
- Ignorance is not an excuse. The courts have consistently held that not knowing about the 90-day rule is generally not a valid reason for missing the deadline.
- The disparity is significant. A crash involving a private coach bus gives you a three-year window to file a lawsuit. An identical crash with an MTA bus gives you only 90 days to take the first legal step.
Identifying the Correct Defendant: It Is Not Always Obvious
One of the most common and fatal errors in these cases is serving the Notice of Claim on the wrong government entity. The bureaucratic structure of public authorities and municipal departments may be confusing, and sending the document to the wrong office may be just as damaging as sending it late. The law requires that the notice be delivered to a person specifically designated by law to receive it for that particular public corporation.
Upstate Municipalities
This challenge is not unique to NYC. In Western and Central New York, similar distinctions exist.
- Public transportation may be run by the Niagara Frontier Transportation Authority (NFTA) in the Buffalo area or the Regional Transit Service (RTS) in Rochester and surrounding counties.
- A crash could involve a city police car or a county sheriff's vehicle. Each is a separate entity that must be served correctly.
The Notice of Claim: Anatomy of the Document
A Notice of Claim is a sworn, written statement that formally alerts a government entity to the fact that you intend to file a lawsuit against them for your injuries. Its purpose is to give the municipality or public authority an early opportunity to investigate the incident while evidence and witness memories are still fresh.
What Must Be Included?
The law is unforgiving about the contents of the notice. It must clearly state:
- Identity: The full name and address of the injured person (the claimant) and their attorney.
- Nature of the Claim: A description of what happened and the legal basis for the claim (e.g., the negligent operation of a motor vehicle).
- Time and Place: The notice must be specific about when and where the accident occurred.
- Items of Damage: A description of the injuries sustained and the damages incurred, such as medical expenses, lost wages, and pain and suffering.
How Must It Be Served?
You cannot simply drop the notice in a mailbox with a standard stamp. The law dictates the method of service to ensure proof of delivery, a procedural trap that can derail even strong cases involving the causes of pedestrian accidents. It must be served personally on the correct agent of the public entity or, more commonly, sent via Certified Mail with a Return Receipt Requested.
The 50-h Hearing: Your Examination Under Oath
Once you have successfully filed the Notice of Claim, the government entity has the right to demand that you appear for a hearing to answer questions under oath. This proceeding is known as a 50-h Hearing, named after General Municipal Law § 50-h. This is a standard step in the process and typically must be completed before you are permitted to file your actual lawsuit.
This is a pre-lawsuit deposition where you will be questioned by an attorney representing the City, the MTA, or another public authority. Their primary objectives are to:
- Lock in your testimony. They want to get your version of events on the record, under oath, so that it might not be easily changed later.
- Evaluate your credibility. The attorney will assess how you present yourself as a witness and how a jury might perceive you.
- Discover weaknesses in your case. They will be looking for any inconsistencies in your story or admissions that could suggest you were partially at fault for the accident.
The demand for this hearing usually comes within 30 days of the municipality receiving your Notice of Claim, and you cannot file your lawsuit until after the hearing is held (unless they waive their right to it). We prepare our clients for a 50-h hearing with the same seriousness as we would for trial testimony. We will review police reports, your medical records, and the known facts of the case to anticipate the questions you will face, particularly those designed to shift blame onto you.
The Statute of Limitations: The Other Deadline
It is a common and dangerous misunderstanding to think the 90-day Notice of Claim deadline is the only one that matters. The Notice of Claim is a mandatory prerequisite, but it is not the lawsuit itself. A second, equally important deadline governs when the actual lawsuit—the Summons and Complaint—must be filed with the court.
The 1 Year and 90 Days Rule
For most personal injury claims against a municipality in New York, the lawsuit must be started within one year and ninety days from the date of the accident. There is a built-in stay or waiting period of at least 30 days after the Notice of Claim is served, during which you cannot file the lawsuit, and gives time to investigate and potentially settle the claim.
Just like the 90-day Notice of Claim deadline, missing the statute of limitations for filing the lawsuit is fatal to your case. The court will have no choice but to dismiss your claim, regardless of its merits—even in cases involving clear violations of pedestrian right of way. Managing both of these deadlines is a core part of handling claims against government entities.
Common Defenses: How the City Fights Back
When you sue a municipality or public authority, you should expect their lawyers to use every available legal defense to challenge your claim. Their goal is to protect the public finances, which means working to minimize or defeat your case.
Comparative Negligence
New York follows a pure comparative negligence standard. This means the defendant will aggressively argue that your own actions contributed to the accident, such as looking at your phone while crossing the street, jaywalking, or riding a bicycle outside of a designated lane. Under this rule, any compensation you receive will be reduced by your assigned percentage of fault.
The Emergency Doctrine
Police cars, fire trucks, and ambulances responding to emergencies are given special privileges under Vehicle and Traffic Law § 1104. They may legally exceed the speed limit and proceed through red lights. To hold them liable for an accident, you must prove they acted with "reckless disregard" for the safety of others, which is a much higher standard than ordinary negligence.
The Pothole Defense (Prior Written Notice)
In cases where an accident is caused by a dangerous road condition, like a pothole, rather than the actions of a driver, a different defense applies—one that can significantly affect what you may get for a pedestrian accident claim. Most municipalities in New York are protected by prior written notice laws. This means you cannot hold them liable unless you can prove that the city received written notice of that specific defect and failed to repair it within a reasonable time. There are exceptions to the prior written notice requirement.
Damages and Compensation: What You May Recover
No-Fault (Personal Injury Protection)
Regardless of who was at fault, No-Fault insurance provides initial coverage for economic losses. This applies even if you are a pedestrian hit by a city bus. The bus's insurance (or in some cases, your own household auto policy) will pay for the first $50,000 of combined medical bills and lost wages. This is also called Personal Injury Protection (PIP).
The Bodily Injury Lawsuit
To recover money for pain and suffering New York law requires that you prove you sustained a serious injury as defined by Insurance Law § 5102(d). This includes injuries like:
- A fracture
- Significant disfigurement
- Permanent loss or limitation of a body organ or function
- An injury that prevents you from performing your usual daily activities for at least 90 out of the 180 days following the accident
FAQ for Suing the City, MTA, or other Public Entity
Can I file a Notice of Claim without a lawyer?
Technically, yes. However, it carries a high risk. A single mistake in the information provided, the method of service, or the entity being served may lead to the dismissal of your case with no opportunity to correct the error later.
What if I didn't realize I was injured until after 90 days?
The law is very strict on this point. The 90-day clock begins to run from the date of the accident, not from the date you discover your injury. Courts very rarely grant extensions in this situation.
Does the 90-day rule apply to children?
While the statute of limitations for filing the lawsuit may be tolled (paused) for infancy, the 90-day requirement for the Notice of Claim is generally not. Courts have discretion to allow a late Notice of Claim for a child, but relying on this is risky. The safest approach is always to file the Notice of Claim within the standard 90-day period to avoid complicated and uncertain legal motions.
What if the bus driver was rude or assaulted me?
Claims involving intentional acts, such as assault, have different legal standards than negligence claims. However, to sue the employer (the City or the MTA) for the actions of its employee, a Notice of Claim is still generally required.
Does this apply to the Staten Island Ferry or LIRR?
Yes. As public authorities, entities like the Staten Island Ferry and the Long Island Rail Road have their own specific notice requirements and designated agents who must be served. It is crucial to identify and follow the specific rules that apply to the entity involved.
Do Not Let a Calendar Date Deny Your Justice
If you or someone you love has been hit by a bus, police car, or any other government-owned vehicle, the law provides a clear path to recovery. But the window of opportunity is extremely narrow and closes quickly.
William Mattar, P.C., once retained, can handle the Notice of Claim, prepare you for the 50-h hearing, and build a litigation strategy designed to overcome the city's defenses. We understand the procedures and tactics that municipalities use to delay and deny claims, and we know how to counter them effectively.
Do not guess about your deadlines or risk your right to compensation. Contact William Mattar, P.C. today. We are available 24/7 to answer your questions and help you take the right next step.