Bus Accident Claims in New York: Who Pays and What Deadlines Apply?

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November 3, 2026 | By William Mattar Accident Lawyers

Who pays a bus passenger's medical bills after a bus accident in New York?

Under New York Insurance Law § 5103(a)(1), when a bus passenger is injured through the use or operation of the bus in New York, first-party (no-fault) benefits come first from any policy that provides first-party benefits to the passenger and members of the passenger's household for the use or operation of any motor vehicle of that household. If there is no such policy, the bus's insurer provides the benefits. This rule does not cover the bus's operators, its owners, or employees of the bus's owner or operator.

Key facts

Written notice of a no-fault claim must reach the insurer as soon as reasonably practicable and no more than 30 days after the accident, unless the injured person submits written proof giving a clear and reasonable justification for the delay.
In a tort case where the law requires a notice of claim before suing a public corporation, General Municipal Law § 50-e requires the notice to be served within 90 days after the claim arises.
The general limitations period for a personal injury action under CPLR 214(5) is three years, except as provided in CPLR 214-b, 214-c, 214-i and 215.

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Which deadlines apply to claims against public transit authorities?

Each authority below has its own "Actions against the authority" section in the Public Authorities Law.

| Authority | Public Authorities Law section | Transportation district named in the law | |---|---|---| | Niagara Frontier Transportation Authority | § 1299-p | Erie and Niagara counties | | Rochester-Genesee Regional Transportation Authority | § 1299-rr | Monroe County, plus any of the Lake Ontario region counties (Genesee, Livingston, Ontario, Orleans, Seneca, Wayne and Yates), or any county contiguous to that region, that elect to become members | | Central New York Regional Transportation Authority | § 1342 | Onondaga County, plus any of Cayuga, Cortland, Jefferson, Madison, Oneida and Oswego counties that elect to become members | | Capital District Transportation Authority | § 1317 | Albany, Schenectady, Rensselaer and Saratoga counties, plus other counties the law allows to participate | | New York City Transit Authority | § 1212 | — |

For each of these authorities, a tort action other than one for wrongful death cannot be brought unless a notice of claim was served on the authority within the time limited by, and in compliance with, General Municipal Law § 50-e. For the four upstate authorities, the action must be commenced within one year and ninety days after the cause of action accrued. In a personal injury action against any of them, the complaint must allege that at least 30 days have passed since the claim was presented to the authority and that the authority has neglected or refused to adjust or pay it.

What deadlines apply when a school district is involved?

Education Law § 3813(2) bars a tort action against a school district, board of education, board of cooperative educational services or the other schools the statute names, or against a teacher, staff member or employee acting within the scope of their employment, unless a notice of claim was made and served in compliance with General Municipal Law § 50-e. Every such action must be commenced under General Municipal Law § 50-i. Section 50-i requires the complaint to allege that at least 30 days have passed since the notice was served (40 days if served on the Secretary of State) without adjustment or payment, and requires the action to be commenced within one year and ninety days after the event on which the claim is based.

What insurance must charter and intercity bus companies carry?

Federal rules in 49 CFR Part 387, Subpart B, apply to for-hire motor carriers transporting passengers in interstate or foreign commerce. For those carriers, the minimum level of financial responsibility for public liability is $5,000,000 for any vehicle with a seating capacity of 16 passengers or more, including the driver, and $1,500,000 for any vehicle seating 15 passengers or fewer, including the driver. The rules do not apply to a vehicle transporting only school children and teachers to or from school, a taxicab seating fewer than 7 passengers that does not run on a regular route or between specified points, a vehicle carrying fewer than 16 people in a single daily round trip to commute to and from work, or a carrier under contract for students' extracurricular trips organized, sponsored and paid for by a school district. Certain grant-funded transit service providers operating across state lines, or interlining with interstate carriers, must instead meet the highest level required by any state in which they operate.

Frequently asked questions

What counts as a "bus" for the no-fault rules?

New York's mandatory no-fault endorsement applies its bus rules to a "bus or school bus, as defined in sections 104 and 142" of the Vehicle and Traffic Law. Section 104 defines a bus as every motor vehicle with a seating capacity of 15 or more passengers in addition to the driver that is used to transport people.

Do the notice-of-claim rules apply to a transit authority's subsidiary?

The four upstate authority statutes say their notice-of-claim requirement does not apply to a subsidiary corporation of the authority; in all other respects, a subsidiary is subject to the section as if it were named in it, with a separate timing rule for a subsidiary that is a stock corporation. Finding out which entity owned and operated the bus is therefore an early step in working out which rules apply.

Can a court allow a late notice of claim?

Under General Municipal Law § 50-e(5), the court, in its discretion, may extend the time to serve a notice of claim when an application is made, but the extension cannot exceed the time limited for commencing the action against the public corporation.

Do wrongful death claims follow the same deadlines?

Not always. In wrongful death actions, the 90 days under General Municipal Law § 50-e run from the appointment of a representative of the decedent's estate. Against a school district, § 50-i requires a wrongful death action to be commenced within two years after the death. The transit authority statutes send wrongful death actions to separate notice-of-claim and time-limit provisions in Title 11 of Article 9 of the Public Authorities Law.

About William Mattar, P.C.

William Mattar, P.C. was established in 1990 and has since added office and intake locations to help injured people throughout New York State. The firm focuses on injuries from motor vehicle accidents, and the initial case consultation is free.

Sources

New York Insurance Law § 5103: https://www.nysenate.gov/legislation/laws/ISC/5103
11 NYCRR 65-1.1 (Regulation 68, NYS Department of Financial Services): https://www.dfs.ny.gov/system/files/documents/2024/08/reg68_11_nycrr_65_full_txt.pdf
New York Vehicle and Traffic Law § 104: https://www.nysenate.gov/legislation/laws/VAT/104
New York Public Authorities Law §§ 1299-b and 1299-p (Niagara Frontier Transportation Authority): https://www.nysenate.gov/legislation/laws/PBA/1299-B and https://www.nysenate.gov/legislation/laws/PBA/1299-P
New York Public Authorities Law §§ 1299-cc and 1299-rr (Rochester-Genesee Regional Transportation Authority): https://www.nysenate.gov/legislation/laws/PBA/1299-CC and https://www.nysenate.gov/legislation/laws/PBA/1299-RR
New York Public Authorities Law §§ 1327 and 1342 (Central New York Regional Transportation Authority): https://www.nysenate.gov/legislation/laws/PBA/1327 and https://www.nysenate.gov/legislation/laws/PBA/1342
New York Public Authorities Law §§ 1302 and 1317 (Capital District Transportation Authority): https://www.nysenate.gov/legislation/laws/PBA/1302 and https://www.nysenate.gov/legislation/laws/PBA/1317
New York Public Authorities Law § 1212 (New York City Transit Authority): https://www.nysenate.gov/legislation/laws/PBA/1212
New York CPLR 214: https://www.nysenate.gov/legislation/laws/CVP/214
New York General Municipal Law § 50-e: https://www.nysenate.gov/legislation/laws/GMU/50-E
New York Education Law § 3813: https://www.nysenate.gov/legislation/laws/EDN/3813
New York General Municipal Law § 50-i: https://www.nysenate.gov/legislation/laws/GMU/50-I
49 CFR Part 387, Subpart B (§§ 387.27, 387.33), eCFR: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387/subpart-B

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