MTA Bus Accidents: Filing a Notice of Claim

If you were injured in an MTA bus accident, one deadline matters more than almost anything else: you generally have only 90 days to serve a Notice of Claim on the correct public entity. Missing that deadline can jeopardize your ability to recover compensation, regardless of how serious your injuries may be.

Many people assume all New York City buses are operated by the same organization. They are not. Depending on the bus involved, your claim may need to be served on the MTA Bus Company, the New York City Transit Authority (NYCTA), or another public transportation entity. Serving the wrong agency can create significant legal complications.

If you were injured as a passenger, pedestrian, cyclist, or driver in a collision involving an MTA bus, understanding the Notice of Claim process is one of the most important steps you can take to protect your rights.

Your case. Your future. Our priority. Contact Hill & Moin LLP today for a free consultation.

What Is an MTA Notice of Claim?

A Notice of Claim is a formal legal document that notifies a public authority that you intend to pursue compensation for injuries caused by its alleged negligence.

For many MTA-related claims, the Notice of Claim is required before a lawsuit may be filed.

The notice generally includes:

• Your name and contact information
• The date and location of the accident
• A description of how the accident occurred
• The injuries you suffered
• The damages you are seeking

It is not the lawsuit itself. Instead, it preserves your right to later file one after the required procedures have been completed.

Why Is the 90-Day Deadline So Important?

Unlike many personal injury claims against private parties, claims involving the MTA and other public transportation authorities have strict procedural deadlines.

In most bus accident cases:

• A Notice of Claim generally must be served within 90 days of the accident.
• The transit authority has an opportunity to investigate.
• A statutory hearing may be scheduled.
• A lawsuit may then proceed if the claim is not resolved.

Waiting too long can permanently affect your ability to recover compensation.

You deserve a law firm that prioritizes your safety and recovery. Contact Hill & Moin LLP as soon as possible after an MTA bus accident.

Which Entity Should Receive the Notice of Claim?

One of the most confusing aspects of an MTA bus claim is identifying the correct public entity.

Depending on the circumstances, the responsible organization may include:

• MTA Bus Company
• New York City Transit Authority (NYCTA)
• Metropolitan Transportation Authority (MTA)
• Manhattan and Bronx Surface Transit Operating Authority (MaBSTOA)
• Another governmental agency or municipality

Different public entities operate different transportation services, and determining who owned, operated, or maintained the bus is an important part of protecting your claim.

Because multiple public agencies may be involved, it is important to investigate the ownership and operation of the vehicle before serving the Notice of Claim.

Who Can File an MTA Bus Accident Claim?

Claims may arise after injuries involving:

• Bus passengers
• Pedestrians
• Cyclists
• Occupants of other vehicles
• Motorcyclists
• Individuals boarding or exiting a bus
• People injured by defective bus stops or transit facilities

Whether the accident occurred in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, the applicable Notice of Claim requirements should be evaluated immediately.

Common Causes of MTA Bus Accidents

Bus accidents occur for many different reasons.

Examples include:

Driver Negligence

• Distracted driving
• Speeding
• Failure to yield
• Unsafe lane changes
• Following too closely

Sudden Stops

Unexpected braking may cause passengers to fall inside the bus.

Bus Equipment Failures

Mechanical defects involving brakes, steering, doors, or tires may contribute to serious collisions.

Dangerous Road Conditions

Poor roadway maintenance or hazardous conditions may play a role in certain accidents.

Third-Party Negligence

Another driver, contractor, or equipment manufacturer may also share responsibility for the accident.

Common Injuries After an MTA Bus Accident

Bus accidents frequently result in significant injuries.

Common injuries include:

• Traumatic brain injuries
• Neck injuries
• Back injuries
• Herniated discs
• Broken bones
• Shoulder injuries
• Knee injuries
• Internal injuries
• Lacerations
• Spinal cord injuries
• Permanent disability

Some injuries do not become fully apparent until days or weeks after the accident, making prompt medical evaluation important.

No-Fault Insurance and MTA Bus Accidents

Many New York bus accident claims also involve No-Fault insurance.

No-Fault benefits may help pay for:

• Medical treatment
• Lost wages
• Certain out-of-pocket expenses

However, filing a No-Fault application does not replace the Notice of Claim requirement. These are separate legal processes with different deadlines and purposes. Meeting one deadline does not automatically satisfy the other.

What Evidence Strengthens an MTA Bus Claim?

Strong evidence often includes:

• Police reports
• Bus incident reports
• Photographs
• Surveillance video
• Bus camera footage
• Witness statements
• Medical records
• Diagnostic imaging
• Employment records documenting lost wages

Because transit agencies may overwrite surveillance footage after a period of time, acting quickly can be critical.

Understanding the Claims Process

Step 1: Seek Medical Treatment

Protect your health and create medical documentation linking your injuries to the accident.

Step 2: Identify the Correct Transit Entity

Determining which authority operated the bus is an important early step.

Step 3: Serve the Notice of Claim

When required, the Notice of Claim generally must be served within 90 days.

Step 4: Participate in Any Required Hearing

The transit authority may require a statutory hearing before litigation proceeds.

Step 5: Continue Settlement Negotiations or Litigation

If the claim cannot be resolved, the lawsuit proceeds according to New York law.

MTA Claims vs. Private Bus Accident Claims

Private Bus Company	MTA or Public Transit Bus
Standard personal injury procedures	Notice of Claim generally required
Longer filing deadlines often apply	90-day Notice of Claim deadline typically applies
No statutory pre-suit hearing in most cases	50-h or similar procedures may apply
Private insurance carrier	Public authority claim procedures

Understanding these procedural differences can significantly affect your legal rights.

Related Bus Accident Claims

Not every bus accident involves a government agency. If you were injured in a collision involving a charter bus, tour bus, shuttle bus, school bus, interstate carrier, or another commercial bus company, different legal rules may apply.

For more information about claims involving privately operated buses, visit our Commercial Bus Accident Lawyer page to learn how those cases differ from MTA and public transit claims.

Frequently Asked Questions About MTA Bus Notice of Claim Requirements

How long do I have to file a Notice of Claim after an MTA bus accident?

In most cases, a Notice of Claim must be served within 90 days of the accident. Because exceptions are limited, it is important to speak with an attorney promptly.

How do I know which agency to file against?

The correct public entity depends on which organization owned or operated the bus involved in the accident. MTA Bus Company, NYCTA, MaBSTOA, and other agencies may each have different responsibilities. Identifying the proper defendant is an important part of the investigation.

Do I still need to file a Notice of Claim if I receive No-Fault benefits?

Yes. No-Fault benefits and a Notice of Claim serve different legal purposes. Receiving No-Fault benefits does not eliminate the Notice of Claim requirement.

What happens after I file a Notice of Claim?

The transit authority may investigate the accident, request a statutory hearing, evaluate your injuries, and attempt to resolve the claim before litigation. If the matter cannot be settled, a lawsuit may follow.

What if I miss the 90-day deadline?

Missing the deadline can seriously affect your ability to pursue compensation. Although courts may allow late notices in limited circumstances, those requests are discretionary and should not be relied upon. Prompt legal advice is strongly recommended.

Contact Hill & Moin LLP

Claims involving MTA buses are governed by different rules than ordinary motor vehicle accidents. Identifying the correct transit authority, preserving evidence, and complying with the Notice of Claim requirements are critical first steps toward protecting your rights.

Whether your accident involved the MTA Bus Company, New York City Transit, or another public transportation authority, Hill & Moin LLP is prepared to help you navigate the process and pursue the compensation you deserve.

Contact Hill & Moin LLP today for a confidential, no-obligation consultation before important MTA Notice of Claim deadlines expire. Complete our contact form or call us at (212) 668-6000.