Hit by an MTA Bus in New York City: The Ninety Day Rule You Cannot Miss

An MTA bus accident settlement starts with a notice of claim served on the right bus operator within ninety days, under General Municipal Law section 50-e. “MTA” covers more than one bus operator, and the operator decides where the notice goes.

The notice of claim is due ninety days after the accident, and it must reach the operator that runs the bus

General Municipal Law section 50-e requires service “within ninety days after the claim arises.” That clock runs whether or not treatment is finished.

The New York City Transit Authority, the Manhattan and Bronx Surface Transit Operating Authority (MaBSTOA) and the Staten Island Rapid Transit Operating Authority (SIRTOA) are separate entities. New York City Transit’s claim form lists all three. MTA Bus Company is another operator. Different MTA operators can follow different rules, so raise the operator question with a lawyer first. A private, charter or tour bus generally follows the three-year personal injury rule in CPLR 214.

What an MTA notice of claim must say, and how it has to be served

The notice is a written, sworn document, and General Municipal Law section 50-e(2) sets its contents. It gives the names and addresses of the claimant and the attorney, the nature of the claim, the time, place and manner in which the claim arose, and the injuries claimed so far as then practicable. Name the street, the corner and the stop, because vague locations cause trouble later.

Section 50-e(3) controls service, and a lawyer handles it. The email address on New York City Transit’s property damage claim form is not valid service for an injury notice. A notice served on time but the wrong way, or on the wrong operator, is the failure that surprises people most.

Four MTA forms look alike, and only one protects an injury lawsuit

Four documents carry similar names, each with its own purpose and deadline, and mixing them up is how injury claims are lost.

• Customer complaint. This reports operator conduct to the MTA. It preserves no injury claim.
• No-fault application. This asks for medical bills and lost earnings to be paid. Under the Department of Financial Services’ Regulation 68, written notice is due within thirty days.
• Property damage claim form. This covers damage to your car on NYCTA, MaBSTOA and SIRTOA claims. New York City Transit’s property damage claim form sets its own filing instructions and deadlines.
• Notice of claim. Due within ninety days under General Municipal Law section 50-e, this is the only one of the four that protects an injury lawsuit.

Calling the MTA or giving an adjuster a statement preserves nothing for an injury claim.

Late notice is a request to a judge, not a right

General Municipal Law section 50-e(5) lets you ask a court for leave to serve late notice. The court considers, in particular, whether the operator acquired actual knowledge of the essential facts within ninety days or a reasonable time after, and whether the delay substantially prejudiced its defense. The applicant must make the showing. If ninety days have passed or are close, ask a lawyer that week what is still possible.

The operator’s first account is not the last word on what happened

Bus accident claims are often decided by records the bus side holds. One of Caesar & Napoli’s published results, the $12,500,000 Bus Pedestrian Collision, reads: “Recovered $12,500,000 for a pedestrian that was struck by bus making a left turn from behind. The defendants’ investigation concluded that the plaintiff walked into the side of the bus but we were able to obtain a transcript of the initial call between the driver and their employer which indicated that the incident occurred as the bus was turning.”

That first call sat in the bus side’s own records, alongside onboard and exterior camera footage, the operator’s incident report, the incident number, and dispatch communications. No law this page can cite sets a retention period for bus footage, so assume it can disappear and ask the operator in writing, early, to preserve it. The firm works with accident reconstructionists and engineers when records need interpreting.

Another published result reads: “Recovered $1,750,000 for a bicyclist struck by a New York City Transit bus on his way to work one morning.” Both appear on the firm’s Verdicts and Settlements page. Prior results do not guarantee a similar outcome.

Door, boarding and crosswalk injuries each turn on different facts

Door and boarding or alighting injuries happen in view of the bus cameras and the operator. These claims turn on what the operator saw and did before closing the doors or pulling away.

Pedestrians struck in a crosswalk rely on Vehicle and Traffic Law section 1146, which requires drivers to exercise due care to avoid colliding with a pedestrian. Vehicle and Traffic Law section 1151 is narrower, giving pedestrians the right of way in a crosswalk only where traffic signals are not in place or not working. New York City Administrative Code section 19-190 is a criminal law, not a source of compensation. A crosswalk claim against a bus is argued from the driver’s duty of care and the bus records.

An MTA bus accident settlement depends on the injury threshold and the 2026 fault rule

No one can give a typical MTA bus accident settlement figure for your claim. No-fault benefits pay economic loss first. Pain and suffering requires a serious injury under Insurance Law section 5102(d), which lists eight categories: death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system.

Fault is the second factor. For actions commenced on or after May 26, 2026, CPLR 1411(b) bars recovery if the injured person’s fault is greater than the defendant’s, or greater than the combined fault of all defendants. Otherwise, CPLR 1411(a) reduces damages in proportion. Fault is argued from the bus records, so the same injury can be valued very differently.

Answers for riders, pedestrians and cyclists hurt by an MTA bus

How long do you have to sue the MTA?

The Public Authorities Law section governing each operator sets the time to sue, and a lawyer should confirm it for your bus. New York City Transit’s property damage form states one year and ninety days. A private bus generally allows three years under CPLR 214. CPLR 208 extends the time to sue for a minor, but not the ninety-day notice of claim.

What is a 50-h hearing?

A 50-h hearing is a sworn examination the operator may demand before you sue, under General Municipal Law section 50-h. The statute says: “If such examination is not conducted within ninety days of service of the demand, the claimant may commence the action.” Prepare by rereading your notice of claim, reviewing prior injuries and medical history, and bringing your records.

Can you sue the MTA if the bus stopped short?

Sometimes, because a sudden stop alone does not prove negligence. The claim turns on how the stop happened and what the camera footage and operator records show. The CPLR 1411(b) fault rule applies to actions commenced on or after May 26, 2026.

Who pays medical bills after an MTA bus accident?

No-fault benefits pay first. Insurance Law section 5102(a) sets basic economic loss at up to fifty thousand dollars per person, and the Department of Financial Services states lost earnings are paid at eighty percent, up to two thousand dollars a month for up to three years. Written notice is due within thirty days. Which policy pays depends on the facts.

What happens if an MTA bus hits my car?

Anyone hurt in the car files a no-fault application and a notice of claim, with the notice due in ninety days. Car damage on NYCTA, MaBSTOA or SIRTOA claims goes on the property damage claim form within ninety days. Collision coverage is a question for your own insurer.

Four things to do in the week after an MTA bus accident

None of these four tasks requires a finished file. First, get medical care and tell the provider it was a bus accident. Next, record the bus number, route, time and location, and photograph them. Then send the no-fault notice within thirty days and start a written preservation request for footage. Finally, talk to a lawyer within days so the notice of claim is prepared and served correctly.

Bring any report, photographs, witness names, medical records and insurance letters you have. If you do not have these, much of it can be obtained later. The ninety days run regardless.

Talk to Caesar & Napoli while the ninety days are still running

The free consultation exists to check your deadline first.

Consultations at Caesar & Napoli are free with no obligation, and most personal injury cases are handled on a no-win, no-fee basis. The main office is in the Woolworth Building at 233 Broadway, with offices in Flushing and Brooklyn. Contacting the firm does not by itself create an attorney-client relationship.

Related practice areas

• Bus Accidents
• Pedestrian Injuries
• Bicycle Accidents

Prior results do not guarantee a similar outcome. Every case is decided on its own facts. This article is general information and is not legal advice about any individual claim.

Image note: photographs accompanying our blog articles are illustrative and digitally created. They do not depict actual clients, actual attorneys of this firm, or actual events.