Claims against the MTA, the City and public authorities
A collision with a city bus, a fall on a subway stairway, an injury caused by a defective sidewalk, or a crash with a municipal vehicle does not follow the same rules as an ordinary claim. The most important difference is the clock, and it is much shorter than most people expect.
The 90-day notice of claim
When the responsible party is a city agency, a transit authority, a public authority or a housing authority, a notice of claim generally must be served within 90 days under General Municipal Law §50-e. That is months earlier than the three-year period that applies to most negligence claims, and missing it can end a case before it begins.
If weeks have already passed, that is a reason to call today rather than a reason not to call. Relief for late notice exists in some circumstances, it is discretionary rather than automatic, and it gets harder the longer it is left.
Identifying the right entity is the first job, and it is not obvious
The bus, the station, the road and the building next to it can belong to different entities with different rules. New York City Transit Authority, MTA Bus Company, the City of New York, the New York City Housing Authority and the Long Island Rail Road are separate parties, and the deadlines and procedures are not identical across them.
Serving the wrong entity can cost a claim as surely as serving late. Establishing who is actually responsible is the first thing we do, before anything else.
What we do
We identify the correct entity and get the notice of claim served, obtain the police or incident report, and pursue the records that only the agency holds: bus camera and telematics data, maintenance and inspection files, prior complaints about the same condition. Much of that material exists on a retention schedule, which is the second reason these cases reward moving early.
Public entities also have their own pre-suit procedures, including a statutory hearing at which you can be examined under oath before any lawsuit is filed. That is not a formality, and it is not something to attend alone.
Deadlines
Most personal injury actions in New York must be started within three years under CPLR 214. Claims against public entities are shorter and vary by entity, and the 90-day notice of claim comes first regardless. Because the periods differ depending on who is responsible, the safe assumption is that your deadline is sooner than you think.
Queens-specific pages
Queens is served by a dense bus network and heavy municipal traffic, so these claims are common here. Our Queens personal injury page covers the borough more broadly.
Frequently asked questions
How long do I have to bring a claim against the MTA or the City?
A notice of claim generally must be served within 90 days under General Municipal Law §50-e when the responsible party is a city agency, transit authority, public authority or housing authority. That is well before the three-year period that applies to most negligence claims, and the deadline to actually start suit against a public entity is also shorter and varies by entity.
What if the 90 days have already passed?
Call anyway. Relief for late notice exists in some circumstances, but it is discretionary rather than automatic and it becomes harder as time passes. The answer depends on the specific facts and on which entity is responsible.
Who is responsible when a city bus is involved?
It depends on which entity operates the bus and the location. New York City Transit Authority, MTA Bus Company, the City of New York and other public authorities are separate parties with different procedures, and serving the wrong one can cost a claim. Identifying the correct entity is the first step.
