Injured on an NYC Subway or Bus? The 90-Day MTA Claim Deadline Explained

An injury on a New York City subway, bus, platform, staircase, escalator, or station can create medical expenses, lost income, and long-term physical limitations. It can also trigger a legal deadline that is much shorter than the deadline in an ordinary personal injury case.

Many claims against the New York City Transit Authority, the Manhattan and Bronx Surface Transit Operating Authority, and certain other public transportation entities require an injured person to serve a formal Notice of Claim within 90 days after the incident.

A report made to a bus driver, police officer, station agent, emergency medical technician, or MTA customer service representative does not necessarily satisfy this legal requirement. The injured person must identify the correct public entity, prepare a notice containing the required information, and complete service in an authorized manner.

The official MTA Personal Injury Claim Form states that claims involving the New York City Transit Authority, Manhattan and Bronx Surface Transit Operating Authority, and Staten Island Rapid Transit Operating Authority should be submitted within 90 days. The form also warns that an unresolved lawsuit generally must commence within one year and 90 days after the incident.

Because the MTA system includes several legally distinct entities, determining which organization operates the train, bus, station, or property can be just as important as meeting the deadline.

What Is an MTA Notice of Claim?

A Notice of Claim is a formal written notice informing a public authority that an injured person intends to seek compensation.

The notice gives the responsible entity an opportunity to investigate the accident while evidence remains available. The authority may inspect the location, review surveillance footage, interview employees, examine maintenance records, and evaluate the reported injuries.

New York General Municipal Law Section 50 e generally requires a Notice of Claim to be served within 90 days when New York law makes notice a condition for bringing a tort claim against a public corporation.

A Notice of Claim is not the same as a personal injury lawsuit. It is a required preliminary step in many cases. Serving the notice preserves the opportunity to pursue the case, but it does not guarantee that the transit authority will accept responsibility or offer compensation.

When Does the 90-Day Deadline Begin?

The 90-day period generally begins on the date the personal injury claim arises, which is usually the date of the subway or bus accident.

For example, when a passenger is injured after a bus collision on January 1, the 90-day period generally begins on January 1. The deadline does not ordinarily begin when the person finishes medical treatment, learns the full extent of the injury, receives a diagnosis, or decides to speak with an attorney.

Different rules can apply in a wrongful death matter. General Municipal Law Section 50 e provides that the 90-day period in a wrongful death claim runs from the appointment of a representative for the deceased person’s estate.

Calculating the deadline should not be left until the final days. Identifying the correct entity, gathering the required information, preparing the notice, and confirming valid service can take time.

Does the 90 Day Rule Apply to Every MTA Bus Claim?

No. The term MTA is commonly used to describe the entire transportation system, but the system includes separate legal entities with different claim requirements.

The MTA Personal Injury Claim Form expressly states that it is valid only for the New York City Transit Authority, the Manhattan and Bronx Surface Transit Operating Authority, and the Staten Island Rapid Transit Operating Authority.

Many subway claims involve the New York City Transit Authority. Many city bus claims involve either the New York City Transit Authority or the Manhattan and Bronx Surface Transit Operating Authority. Those claims commonly require compliance with the 90-day Notice of Claim rule.

MTA Bus Company has a different legal status. New York courts have held that MTA Bus Company is an MTA subsidiary and is not subject to the same statutory Notice of Claim requirement. However, a separate pursuit demand requirement may still apply, and a claimant generally must wait at least 30 days after presenting that demand before commencing an action.

This distinction does not mean that an MTA Bus Company accident can safely be ignored for 90 days. Determining which entity operated a particular route may require investigation, and another potentially responsible public entity may still be subject to a Notice of Claim requirement.

An attorney may therefore consider protective filings and demands against all reasonably identifiable entities while confirming the bus operator, ownership records, route information, and applicable law.

Why Naming the Correct Transit Entity Matters

The Metropolitan Transportation Authority, New York City Transit Authority, Manhattan and Bronx Surface Transit Operating Authority, MTA Bus Company, Triborough Bridge and Tunnel Authority, and City of New York are not automatically interchangeable.

Serving one entity does not necessarily provide legal notice to another.

A 2026 New York court decision emphasized that the City, MTA, New York City Transit Authority, and MTA Bus Company are separate entities. The court explained that knowledge obtained by MTA Bus Company could not automatically be imputed to the other transit defendants.

This creates a significant risk when an injured person sends a claim only to an address associated with the general MTA name or files only with the New York City Comptroller.

A subway station entrance, sidewalk, ventilation grate, staircase, bus stop, or construction area may also involve responsibility shared among the Transit Authority, City of New York, property owner, contractor, maintenance company, or another organization.

An experienced New York personal injury lawyer can investigate ownership and control before an important filing period expires.

What Information Must a Notice of Claim Include?

General Municipal Law Section 50 e requires the notice to be written and sworn by or on behalf of the claimant.

The notice should identify the claimant and attorney, describe the nature of the claim, explain when and where the incident occurred, describe how it happened, and identify the injuries and damage known at that stage.

A subway or bus Notice of Claim may need details such as the exact date and time, station name, platform or staircase location, train line, direction of travel, bus route, bus number, vehicle plate number, intersection, operator information, and a detailed description of the dangerous condition or negligent conduct.

Specificity matters. In a 2025 New York appellate decision, a transit injury claim was dismissed after the court concluded that the notice did not describe the accident location with enough precision to allow a meaningful investigation.

A broad statement that someone fell near a subway station or was injured on an MTA bus may not provide enough information. The notice should allow the authority to locate the place, identify the incident, and understand the basis of the claim.

How Is an MTA Notice of Claim Filed?

The correct filing procedure depends on the entity involved.

The current MTA Personal Injury Claim Form instructs claimants filing against the New York City Transit Authority, Manhattan and Bronx Surface Transit Operating Authority, or Staten Island Rapid Transit Operating Authority to submit the form to the designated Transit Authority claims office within 90 days.

A claimant should preserve the completed notice, supporting documents, transmission receipt, certified mail receipt, delivery confirmation, and any written acknowledgment.

Sending a customer complaint through an MTA application, calling 511, speaking with an employee, or completing a police report should not be treated as a substitute for serving a legally compliant Notice of Claim.

A person should also avoid if the same form and address apply to every railroad, bus company, bridge authority, or MTA affiliate.

What Happens After the Notice Is Filed?

After receiving the claim, the authority may investigate the accident and request supporting documentation.

Under Public Authorities Law Section 1212, an action against the New York City Transit Authority generally cannot proceed until at least 30 days have elapsed after the claim was presented and the authority neglected or refused to resolve it.

The Transit Authority may also require the injured person to attend a sworn examination concerning accidents, injuries, medical care, employment, and damages. This proceeding is commonly referred to as a 50-h hearing, although the authority’s examination power is also addressed in the Public Authorities Law.

Testimony from that hearing may later be used during the lawsuit. The injured person should review the accident facts, prior statements, medical history, and Notice of Claim with counsel before testifying.

How Long Do You Have to File an MTA Lawsuit?

The 90-day deadline is not the final lawsuit deadline.

Public Authorities Law Section 1212 generally requires a personal injury action against the New York City Transit Authority to be commenced within one year and 90 days after the event giving rise to the claim. The MTA’s official claim form provides the same warning.

Many torts claims against the MTA itself are also governed by a one year and 90 day limitations period under Public Authorities Law Section 1276.

The exact deadline can depend on the defendant, legal theory, claimant’s status, and type of case. Claims against private contractors, property owners, vehicle operators, or manufacturers may have different limitation periods.

Serving a Notice of Claim does not extend the time to commence the lawsuit. Both deadlines must be tracked independently.

What If You Missed the 90-Day Deadline?

Missing the deadline does not always make recovery impossible, but immediate legal action is essential.

General Municipal Law Section 50 e permits a court to grant permission to serve a late Notice of Claim in certain circumstances. The request must generally be made before the applicable deadline for commencing the lawsuit expires.

The court may consider whether the public entity obtained actual knowledge of the essential facts within the original 90-day period or a reasonable time afterward, whether the claimant was a child or was physically or mentally incapacitated, whether there was a reasonable mistake concerning the identity of the responsible entity, and whether the delay substantially prejudiced the authority’s defense.

Permission is not automatic. The existence of an accident report, police response, ambulance record, or employee incident report does not necessarily prove that the authority had actual knowledge of a potential negligence claim.

Recent New York decisions emphasize that the public entity must generally have knowledge of the essential facts connecting the injury to the alleged wrongdoing, not merely knowledge that an accident occurred.

A late claim application commonly requires a proposed Notice of Claim, affidavits, medical evidence, incident records, and legal arguments addressing knowledge, excuse, and prejudice.

Is There Also a 30-Day No-Fault Deadline After a Bus Accident?

Possibly. The Notice of Claim deadline and the no fault insurance deadline are separate.

New York’s Department of Financial Services states that written notice of a no-fault claim generally must be provided within 30 calendar days after a motor vehicle accident unless the claimant can establish a clear and reasonable justification for late notice.

For a passenger injured on a bus, no fault benefits may initially come from the passenger’s own automobile policy or a policy belonging to a household member. When no applicable household automobile policy exists, the bus insurer may provide the benefits.

No fault benefits can help cover qualifying medical expenses, a portion of lost earnings, and certain other economic losses regardless of who caused the crash.

Submitting a no-fault claim does not replace the 90-day Notice of Claim. A bus passenger may need to protect both deadlines.

What Types of Subway and Bus Accidents May Support a Claim?

A transit injury does not automatically establish negligence. The injured person generally must prove that the responsible entity or another party failed to exercise reasonable care and that the failure caused the injury.

New York courts apply a reasonable care standard to common carriers. A transportation authority is not automatically liable for every accident, but it may be responsible when its employees created a dangerous condition or when it knew, or reasonably should have known, about a hazard and failed to address it.

Potential cases may involve a bus collision, unsafe turn, sudden movement, dangerous boarding or exit procedure, defective subway platform, excessive platform gaps, broken step, malfunctioning door, defective escalator, poor lighting, water accumulation, ice, debris, loose flooring, or negligent maintenance.

Liability may also involve a contractor, property owner, manufacturer, motorist, or the City of New York.

People injured in a rail incident can review Spar & Bernstein’s New York train and subway accident representation. Bus passengers, pedestrians, cyclists, and motorists can review the firm’s New York bus accident legal services.

What Evidence Should You Preserve After an MTA Accident?

Evidence can disappear quickly in a transit case. Surveillance footage may be overwritten, vehicles may return to service, defective conditions may be repaired, and witnesses may become difficult to locate.

An injured person should obtain medical attention and report the incident as soon as possible. When physically able, the person should photograph the dangerous conditions, vehicle, station, platform, staircase, injuries, and surrounding area.

Important information may include the subway line, station, direction of travel, train car number, bus route, bus number, vehicle plate, exact location, time, operator description, witness contact information, emergency response records, MetroCard or OMNY payment record, and photographs or videos.

The claimant should preserve clothing, footwear, damaged personal property, hospital records, medical bills, wage records, and written communications with the transit authority.

An attorney may send preservation demands requesting that the responsible parties retain surveillance videos, operator logs, incident reports, maintenance records, inspection documents, vehicle data, and employee information.

Can You Recover Compensation After an MTA Injury?

Compensation depends on the cause of the accident, severity of the injuries, available evidence, responsible defendants, and effect of the injuries on the claimant’s life.

Recoverable damages may include medical expenses, rehabilitation costs, lost income, diminished earning capacity, future medical care, pain and suffering, disability, loss of enjoyment of life, and other qualifying losses.

A bus accident may also involve no fault benefits and insurance law requirements that differ from a fall inside a station.

New York follows a comparative fault system. A claimant’s compensation may be reduced when the claimant is found partially responsible, but partial responsibility does not necessarily eliminate the claim.

An attorney should evaluate every potentially responsible party rather than limiting the investigation to the entity whose name appears on the vehicle or station sign.

Common Mistakes After a Subway or Bus Injury

One of the most serious mistakes is assuming that an ordinary personal injury deadline applies.

Another is serving the City of New York when the proper defendant is the New York City Transit Authority or serving the general MTA when another affiliate operated the bus.

Other problems include providing an inaccurate accident location, failing to identify the train or bus, waiting too long to request surveillance evidence, missing a no-fault deadline, giving inconsistent descriptions of the incident, and ignoring a demand for a sworn examination.

A person should also avoid signing a release or accepting a settlement without understanding whether it resolves medical expenses, lost wages, future treatment, and pain and suffering claims.

How Spar & Bernstein Can Help After a NYC Subway or Bus Accident

Transit injury cases require quick investigation and careful compliance with New York’s public authority claim rules.

A personal injury attorney at Spar & Bernstein can identify the responsible transit entity, calculate the applicable deadlines, prepare and serve the Notice of Claim, preserve surveillance footage, obtain incident and maintenance records, coordinate no fault benefits, prepare the claimant for a sworn hearing, and commence a lawsuit within the applicable limitation period.

The firm can also investigate other defendants, including the City of New York, private contractors, maintenance companies, vehicle operators, property owners, and equipment manufacturers.

When an injury involves a defective staircase, platform, station floor, or other dangerous property condition, the firm’s New York premises liability attorneys can evaluate whether additional parties share responsibility.

The 90-day period can pass quickly while an injured person is receiving treatment and trying to return to normal life. Early legal review can protect important evidence and preserve every available path to compensation.

To discuss an NYC subway or bus injury, contact Spar & Bernstein for a personal injury consultation.

Frequently Asked Questions About MTA Injury Claims

How long do I have to file an MTA Notice of Claim?

Many personal injury claims against the New York City Transit Authority and Manhattan and Bronx Surface Transit Operating Authority require a Notice of Claim within 90 days after the accident.

Does every MTA bus accident have a 90-day deadline?

Not necessarily. The correct rule depends on which entity operated the bus. Courts have held that MTA Bus Company is not subject to the same Notice of Claim requirement as the New York City Transit Authority, although separate pursuit requirements and lawsuit deadlines may apply.

Is reporting the accident to the bus driver enough?

No. An oral report, incident report, police report, or customer complaint does not necessarily satisfy the formal Notice of Claim requirement.

Can I file the claim with the City of New York?

Filing with the City may be required when the City is responsible, but serving the City does not automatically constitute service on the New York City Transit Authority or another MTA entity.

What information should appear in the Notice of Claim?

The notice should identify the claimant, describe the nature of the claim, specify when and where the incident occurred, explain how it happened, and identify the injuries and damage known at that time.

What if I do not know the bus number?

An attorney may investigate the route, location, time, operator, police records, and transportation records to identify the vehicle and correct entity. The investigation should begin immediately.

Can I file a late MTA Notice of Claim?

A court may grant permission in certain cases. Relevant factors include actual knowledge, the reason for delay, incapacity, a mistake concerning the correct entity, and prejudice to the authority.

How long do I have to sue the New York City Transit Authority?

A personal injury action generally must be commenced within one year and 90 days after the event, subject to exceptions and case-specific rules.

Is the no fault deadline also 90 days?

No. Written notice of a no-fault insurance claim generally must be provided within 30 days after a motor vehicle accident. This is separate from the 90-day public authority Notice of Claim deadline.

Do I need a lawyer for an MTA injury claim?

A claimant may act without an attorney, but these cases involve unusually short deadlines, separate transit entities, strict notice requirements, possible sworn testimony, and evidence that can disappear quickly.

This article provides general legal information and does not create an attorney client relationship. Claim requirements and deadlines depend on the responsible entity, accident facts, and law applicable to the individual case.