If you are injured on a bus owned or operated by a public authority in New York, such as the MTA, NYC Transit, NFTA, or RTS, you generally have exactly 90 days from the date of the incident to file a formal Notice of Claim—an issue a NYC bus accident lawyer regularly handles to protect victims’ rights. This is a mandatory legal prerequisite to filing a lawsuit, as required by New York General Municipal Law § 50-e.
Failure to file this specific document within this tightly controlled window almost always results in the permanent loss of your right to seek compensation for your injuries.
The deadline itself is challenging, as are the procedural complexities involved. A common and devastating mistake is identifying the wrong municipal entity. For instance, filing a claim against the City of New York when the bus was actually operated by the entity responsible for the MTA Bus Company may invalidate your entire effort from the start.
If you have questions about an injury that occurred on a city bus and the timeline for your claim, our team at William Mattar, P.C. is available to help clarify your rights. Call us for a free consultation.
Key Takeaways for City Bus Injury Claims
- You have only 90 days to file a Notice of Claim. This is a strict, mandatory deadline to preserve your right to sue a public entity for your injuries.
- Filing for No-Fault benefits is a separate process from the Notice of Claim. Meeting the 30-day No-Fault deadline for medical bills does not satisfy the 90-day requirement for your personal injury lawsuit.
- You must identify the correct government entity. Filing a claim against the wrong agency, such as the City of New York instead of the correct MTA authority, may invalidate your claim from the start. Every case is unique, requiring immediate action.
What Is a Notice of Claim?
The document must contain several key pieces of information, including but not limited to:
- Identity: The full name and address of the injured person (the claimant) and their attorney, if they have one.
- Nature of the Claim: A description of how the injury occurred.
- Time and Place: The date, time, and location of the incident must be provided. Vague descriptions are a common reason for dismissal.
- Damages: A description of the injuries sustained and the damages claimed, which may include medical expenses, lost income, and pain and suffering.
Properly drafting the notice is only half the battle; it must also be officially served on the correct entity. Methods of service typically include personal delivery or sending the notice via registered or certified mail.
This leads to another trap: sending the notice to the wrong department, which can be just as damaging as missing the deadline to file a claim. Each public authority is a distinct legal entity. A claim against an MTA bus must be served on the correct MTA authority, not the City Comptroller's office, and vice-versa. Every case is unique and requires careful consideration by an experienced attorney.
Two Clocks Ticking: No-Fault Insurance vs. The Notice of Claim
Perhaps the most common and damaging point of confusion for those injured on a city bus involves two separate and completely different deadlines. Many people mistakenly believe that by handling their medical bills, they have also taken care of their legal claim. This is a devastating error.
Think of it as two separate clocks that start ticking the moment you are injured.
Clock #1 (Medical Bills & Lost Wages): The 30-Day No-Fault Deadline
Under New York State Insurance Law Regulation 68, you must file an Application for No-Fault Benefits (also called an NF-2 form) within 30 days of the accident. This application is submitted to the applicable insurance carrier, which for a city bus is typically the public authority's own insurance plan or a third-party administrator. This claim is what covers your medical bills and a portion of your lost wages up to $50,000, regardless of who was at fault.
Clock #2 (Pain, Suffering & Lawsuit): The 90-Day Notice of Claim Deadline
As mentioned, the Notice of Claim is the document required within 90 days to preserve your right to file a lawsuit. This lawsuit is where you may seek compensation for damages not covered by No-Fault, most significantly your pain and suffering.
The key takeaway is that these two filings are entirely independent. Successfully filing your No-Fault application does not satisfy the 90-day Notice of Claim requirement after a bus crash. You can have all your initial medical bills paid through No-Fault and simultaneously lose your right to sue for pain and suffering by missing the 90-day deadline. A personal injury attorney can help ensure both of these deadlines are met.
After the Filing: The 50-h Hearing and the Statute of Limitations
Once the notice is served, the municipality has a 30-day period to review it. You are generally prohibited from commencing a lawsuit during this window.
The 50-h Hearing: Your Testimony Under Oath
Following the notice, the city or public authority has the right to demand what is known as a 50-h Hearing. This right is granted under General Municipal Law § 50-h. A 50-h hearing is essentially a pre-lawsuit deposition where you, the claimant, must testify under oath. An attorney for the municipality will ask detailed questions about:
- How the accident occurred.
- The specific injuries you sustained.
- Your medical treatment.
- How the injuries have impacted your daily life and ability to work.
This testimony is recorded by a court reporter and may be used against you years later if your case goes to trial. Any inconsistencies between your testimony at the 50-h hearing and your later testimony could damage your credibility, particularly in cases that cause too many tragic accidents and draw intense scrutiny. For this reason, thorough preparation with an attorney is indispensable.
The Real Statute of Limitations
Filing the Notice of Claim is just the first step. The clock on the actual lawsuit is also much shorter than in typical injury cases. According to GML § 50-i, a lawsuit against a municipality must be started within one year and 90 days of the date of the accident. This is a significant reduction from the three-year statute of limitations for general negligence claims. Every case is unique.
Adding another layer of difficulty, if the municipality demands a 50-h hearing, your time to file the lawsuit is usually paused, or tolled, until that hearing is completed. Managing this timeline and ensuring the lawsuit is filed correctly requires careful legal strategy.
Missed the 90-Day Deadline? Exceptions and Late Filings
The 90-day rule is one of the most rigid in New York law, and courts do not grant exceptions lightly. Simply being unaware of the law is almost never considered a valid excuse for a late filing.
However, the law does provide a potential, though difficult, path for relief. Under GML § 50-e(5), a judge has the discretion to grant a claimant's request to serve a late Notice of Claim. This request must be made through a formal legal motion and must be filed before the one-year-and-90-day statute of limitations expires. It is not a simple form you fill out and hope for the best; it is a legal argument that your attorney must present and win before a judge.
The court will consider several factors, and a successful motion usually requires demonstrating a very compelling reason for the delay, especially if you were injured as a passenger. Some of the rare excuses the court might consider include:
- Physical or Mental Incapacity: If a claimant's injuries were so severe that they were physically unable to file or seek legal help (e.g., being in a coma or under heavy, continuous sedation for the entire 90-day period).
- Infancy: If the injured person is a minor (under 18), courts are generally more lenient. However, the parents or guardians of an injured child should not assume this protection is automatic and should act immediately.
- Actual Knowledge: This is a difficult argument to win. You must prove that the municipality had actual knowledge of the essential facts of the claim within the 90-day period. For example, if a detailed police accident report was filed and the city immediately began its own investigation, a judge might be convinced to allow a late filing.
FAQ for City Bus Injury Claims in New York
Does the 90-day rule apply if the bus hit my car, or only if I was a passenger?
The rule applies to anyone bringing a tort claim against a municipality for negligence. This includes other drivers, pedestrians, and cyclists who are injured due to the actions of a city bus driver or as a result of a dangerous condition on bus property.
I didn't feel pain immediately. Does the 90-day clock start when I found out I was injured?
No. The 90-day period begins to run on the date of the accident, not the date you discovered your injury. This is a harsh rule, particularly for injuries with delayed symptoms. You must file based on the incident date.
Does a police report count as a Notice of Claim?
No. A police report is a valuable piece of evidence that documents the incident, but it does not satisfy the legal requirement of filing a formal, sworn Notice of Claim directly with the designated municipal authority, such as the Comptroller's Office.
Don't Let a Calendar Date Dictate Your Recovery
You should not have to spend your recovery time trying to decipher the corporate structure of the MTA or calculating precise legal deadlines. An experienced attorney can help.
The law may seem to favor the municipality, but it also provides a clear mechanism for you to assert your rights—provided you act with speed and precision. The team at William Mattar Law Offices has years of experience handling cases governed by the specific requirements of General Municipal Law § 50-e.
Do not wait until day 89. If a city bus accident has affected your life, take the first step toward protecting your rights. Contact William Mattar, P.C. today for a free consultation to discuss your Notice of Claim and your case.