If you've been injured in an accident involving an MTA bus in New York, you have just 90 days from the date of your accident to file a formal Notice of Claim, or you could lose your right to compensation forever.
This strict deadline applies to all claims against the Metropolitan Transportation Authority and other New York government entities, and unlike typical personal injury cases, where you have three years to file a lawsuit, missing this 90-day window can be fatal to your case.
The Notice of Claim requirement catches countless accident victims off guard. While you're focused on recovering from your injuries, dealing with medical treatments, and trying to get back to normal life, this critical deadline is quietly approaching.
Understanding what a Notice of Claim is, why it exists, how to file it properly, and what happens if you miss the deadline could mean the difference between receiving fair compensation for your losses and winding up with nothing.
Key Takeaways About New York’s 90-Day Notice of Claim Requirements
- You have only 90 days from the date of an MTA bus accident to file a Notice of Claim with the appropriate government agency
- This deadline is far shorter than the typical three-year statute of limitations for personal injury cases in New York
- The Notice of Claim must include specific information about the accident, your injuries, and the amount you're claiming
- Missing the 90-day deadline can permanently bar your claim, though limited exceptions exist for late filing
- Claims against government entities require a formal hearing called a 50-h examination before you can file a lawsuit
What Is a Notice of Claim and Why Does It Exist?
A Notice of Claim is a formal written document that notifies a government entity—in this case, the MTA—that you intend to file a lawsuit for injuries or damages caused by their negligence. This requirement is established under New York General Municipal Law Section 50-e, which is why it is sometimes referred to as a "GML 50-e notice of claim."
The Notice of Claim serves several purposes from the government's perspective. It provides the MTA with early warning of a potential claim, allowing them to investigate the accident while the evidence is still fresh, assess their potential liability, and potentially settle cases before expensive litigation begins.
For accident victims, this requirement creates a significant hurdle. While the general statute of limitations gives you three years to file most personal injury lawsuits in New York, claims against government entities require this additional preliminary step within just 90 days—a much tighter timeframe that many people miss simply because they don't know it exists. The statute of limitations is also much shorter, often ranging from one year to one year and 90 days. Time is of the essence.
Who Must File a Notice of Claim?
The Notice of Claim requirement applies to any injury or property damage claim against a municipal corporation or public authority in New York. This includes:
- MTA entities: NYC Transit (subway and buses), MTA Bus Company, Long Island Bus, Metro-North Railroad, Long Island Rail Road, and MTA Bridges and Tunnels.
- Other government entities: The City of New York, NYC Department of Transportation, NYC Department of Education (school buses), and county, town, and village governments.
If you were injured in an accident involving an MTA bus, whether as a passenger, a pedestrian struck by the bus, a cyclist, or a driver whose vehicle was hit by the bus, you must file a Notice of Claim before you can sue the MTA for your injuries.
The 90-Day Deadline: When Does the Clock Start?
The 90-day period begins on the date of the accident. This seems straightforward, but certain situations can complicate the timeline. The 90 days run from the date of the incident, not from when you discovered your injuries or finished medical treatment – though there are some extremely limited circumstances where the time to file a claim may be “tolled.” This is critical because some injuries don't manifest immediately, but the deadline doesn't wait for symptoms to appear. It is safest to file as soon as possible.
Special Considerations for Children
Children under the age of 18 at the time of the accident have extended timeframes. While a Notice of Claim on behalf of a minor must still be filed within 90 days of the accident, the statute of limitations for filing the actual lawsuit doesn't begin running until the child turns 18. In some cases, children can petition the court for permission to file a late Notice of Claim even after the initial 90-day period has passed. An experienced attorney can examine the particular facts of your case and decide the best course of action.
What Information Must the Notice of Claim Include?
A Notice of Claim isn't a simple letter saying "I was hurt, and I'm filing a claim." New York law requires specific information to make the notice legally sufficient, including:
- The name and address of the injured claimant and their attorney
- The nature of the claim: A description of what happened and the legal basis for holding the MTA liable
- The time, place, and manner of the incident: Specific details about when, where, and how the accident occurred
- The injuries sustained: A description of your injuries and medical treatment
- The amount of damages claimed: A specific dollar figure, though this can be stated as "to be determined"
The Notice of Claim must provide enough information to allow the MTA to investigate the incident. Vague or incomplete notices can be rejected. For example, stating "I was injured on an MTA bus" isn't sufficient. You need to identify the specific bus route, the date and approximate time, the location, the cause of your injury, and the injuries you sustained. An experienced attorney can provide guidance.
How to File a Notice of Claim with the MTA
Filing a Notice of Claim requires following these specific procedures:
- Prepare the written Notice of Claim: The document must include all required information. Most attorneys use standardized forms that ensure all necessary elements are included.
- Determine the correct entity: The MTA is actually several different entities. You need to file with the correct subsidiary—MTA New York City Transit for most buses in the five boroughs, MTA Bus Company for certain routes, or other MTA entities, depending on circumstances. An attorney can examine your case to see what entity was actually involved.
- Serve the Notice of Claim: The notice must be physically served on the designated representative of the government entity.
- Obtain proof of service: You need documented proof that the Notice of Claim was served correctly and received through personal delivery or certified mail with return receipt.
Common Filing Mistakes
Many people attempt to file Notices of Claim on their own and make critical errors, such as:
- Filing with the wrong MTA entity
- Using insufficient or incorrect address information
- Failing to properly serve the notice
- Not keeping adequate proof of filing and service
- Including vague or incomplete information
- Missing the deadline entirely
Any of these mistakes can invalidate your Notice of Claim and jeopardize your entire case.
What Happens After You File?
Filing a Notice of Claim triggers several additional steps unique to claims against government entities.
The 50-h Examination
After you file a Notice of Claim, the MTA has the right to examine you under oath before you can file a lawsuit. This examination is called a "50-h hearing," and it's essentially a deposition that happens before any lawsuit is filed.
During the 50-h examination, an attorney representing the MTA will ask you detailed questions about how the accident happened, your injuries and medical treatment, your medical history, how your injuries have affected your life, and your version of events. Your testimony is given under oath and can be used against you later if you say something inconsistent at trial.
The Lawsuit Filing Window
After filing a Notice of Claim, you must wait at least 30 days before you can file an actual lawsuit. However, you can't wait forever. You still must file your lawsuit within one year and 90 days from the date of the accident, or sometimes just one year after the date of the accident..
This creates a narrow window: you can't sue before 30 days after filing the Notice of Claim, but you must sue within one year and 90 days of the accident. Miss either end of this window, and your claim could be barred.
What If You Miss the 90-Day Deadline?
Missing the 90-day Notice of Claim deadline is serious, but it's not always fatal to your case. New York law provides limited relief through a late claim application.
Petitioning for Permission to File a Late Claim
If you miss the deadline, you can petition the court for permission to file a late Notice of Claim. The court has discretion to grant permission if you can show:
- Reasonable excuse for the delay: Valid excuses might include being physically or mentally incapacitated by your injuries, being a minor, not discovering your injuries until after the deadline, or in rare cases, not knowing about the Notice of Claim requirement.
- The government entity had actual knowledge: If the MTA already knew about the accident through accident reports or insurance claims, this weighs in favor of granting late filing permission.
- Lack of prejudice to the government: If the delay hasn't significantly hampered the MTA's ability to investigate and defend itself.
Courts have discretion to deny late claim petitions, and many do. Even when courts grant permission to file late, you've lost valuable investigation time, witnesses' memories have faded, and physical evidence may be gone.
The bottom line: late claim applications are a last resort, not a safety net. The best way to protect your rights is to file within the original 90-day deadline.
Why MTA Cases Require Immediate Legal Action
MTA bus accident cases differ fundamentally from typical car accident claims, making early legal representation crucial.
Determining liability in MTA accidents isn't always straightforward. Questions arise about whether the bus driver was negligent, whether the MTA properly maintained the bus, whether road conditions contributed to the accident, and whether the MTA's training and supervision were adequate.
MTA buses often have multiple cameras that capture accidents from different angles. This footage can be crucial evidence, but the MTA won't preserve it indefinitely. Your attorney needs to act quickly to request preservation of this footage before it's recorded over.
Government entities also have certain immunities from lawsuits that private companies don't enjoy, adding complexity to MTA cases and creating additional hurdles that must be overcome to recover compensation.
Frequently Asked Questions About MTA Bus Accident Claims
Can I file a Notice of Claim if I'm not yet sure how severely I've been injured?
Yes, and you absolutely should. You can state that your injuries are "continuing" or "to be determined" in the Notice of Claim. It's far better to file a notice that will later be amended than to miss the deadline waiting to see how your injuries develop. The 90-day deadline doesn't wait for you to complete treatment or fully understand the extent of your injuries.
What if I was partly at fault for the accident? Can I still file a Notice of Claim?
Yes. New York follows pure comparative negligence, meaning you can recover damages even if you were partially responsible for the accident. However, your recovery will be reduced by your percentage of fault. Don't let concerns about your partial fault prevent you from filing.
Does filing a Notice of Claim mean I'm definitely going to sue the MTA?
No. Filing a Notice of Claim preserves your right to sue, but many claims settle before a lawsuit is ever filed. Think of it as keeping your legal options open. If you don't file the notice, you lose the option to sue even if settlement negotiations fail.
I was injured on an MTA bus, but the accident was caused by another vehicle. Do I still need to file a Notice of Claim?
This depends on what claims you're pursuing. If you're claiming the MTA bus driver was also negligent or contributed to the accident, you need to file a Notice of Claim against the MTA. You can pursue claims against both the MTA and the other driver because they aren't mutually exclusive.
How much does it cost to have an attorney file a Notice of Claim?
Most personal injury attorneys work on a contingency fee basis, meaning they don't charge upfront fees to file your Notice of Claim or handle your case, and they only get paid if you recover compensation. The attorney's fee comes as a percentage of your settlement or verdict.
Contact an Experienced Accident Attorney at William Mattar, P.C. to Learn More
The 90-day Notice of Claim deadline is unforgiving, and attempting to navigate it without legal help is risky. One missed deadline, one improperly filed notice, one procedural misstep can cost you the compensation you need and deserve for your injuries.
William Mattar, P.C. understands the unique challenges associated with claims against government entities, such as the MTA. Our team knows how to file Notices of Claim, ensure they are legally sufficient, and implement effective strategies for building strong cases against the MTA and other New York transit authorities. From New York City to Buffalo, Rochester, Syracuse, and throughout New York State, we can help accident victims protect their rights and pursue full compensation.
If you've been injured in an MTA bus accident, time is critical. Contact William Mattar, P.C. at (844) 444-4444 today for a free consultation. We'll review your case to see if a Notice of Claim deadline applies and advocate to get you the compensation you deserve for your injuries.