Hurt on an MTA Bus in Queens? The 90-Day Notice of Claim Explained
A Q46 brakes hard on Union Turnpike and a standing rider goes down. A bus turning onto Main Street clips a pedestrian. An express bus rear-ends a car on the Long Island Expressway. Each of these can be a strong injury claim — and each comes with a deadline far shorter than the three years people expect. Against a public transit operator, the clock that matters is 90 days.
Why bus claims run on a different clock
Most New York City buses are operated by public authorities — MTA New York City Transit and MTA Bus Company. Before you can sue a public authority, New York law requires a written notice of claim served within 90 days of the accident, following the procedure in General Municipal Law § 50-e. The lawsuit itself generally must be started within one year and 90 days. Compare that to the three-year window for a crash with a private car. MTA Bus Company, an MTA subsidiary, is technically exempt from the notice requirement, but a written claim must still precede suit by 30 days — so serve within 90 days regardless.
Miss the 90 days and the case is not automatically over — a court can permit a late notice — but that is a motion you have to win, and the longer the delay, the harder it gets. Treat day 90 as a wall.
Not every bus is public. Charter buses, private school buses, tour buses and some commuter lines are private companies, and the ordinary three-year rule applies. Nassau's NICE bus system has its own public-entity notice rules. Figuring out who actually owns and operates the bus is step one.
What the notice of claim has to say
The notice is a sworn document, and what you put in it can limit what you can argue later. It must describe:
- The time and place of the accident, precisely — the route, direction, the nearest cross street or stop.
- How it happened: sudden stop, collision, door closing on you, a fall while boarding, being struck while crossing.
- The injuries known so far.
- The nature of the claim.
A vague notice ("injured on bus in Queens") invites a fight. Get the bus number if you can, the route, and the time; the MTA's own onboard video and vehicle data will be matched against those details.
The 50-h hearing
After the notice is served, the transit authority may demand a 50-h hearing — a sworn, recorded examination about the accident and your injuries, before any lawsuit. You must attend if it is demanded; failing to can bar the case. It is an interview by the other side's lawyer, and it should be prepared for like a deposition.
Who pays your medical bills
Bus injuries use New York no-fault too, but with a twist. If you were a passenger and you or a relative in your household own an insured car, your own auto policy generally pays your no-fault benefits — even though you were on the bus. If no one in the household has a car policy, the claim goes to the bus's insurer or self-insurance program. If you were a pedestrian or in another car struck by the bus, the rules for those situations apply. Either way, the no-fault application is due within 30 days. Our no-fault guide covers the forms.
To recover pain and suffering beyond no-fault, the serious injury threshold applies to bus cases just as it does to car cases.
What makes a bus case strong
Bus operators owe passengers reasonable care, but New York courts do not treat every jolt as negligence. The claims that succeed usually show something beyond the ordinary movement of a bus: a stop so sudden and violent it was "unusual," pulling away while a rider was still on the steps, a rear door closing on someone, a driver running a light or turning into a crosswalk. For people struck by buses, the questions are the same as any pedestrian accident — right of way, speed, attention, and the large blind spots of a 40-foot vehicle. And for a pedestrian or driver, a 2026 amendment bars a motor-vehicle injury claim if your share of the fault is greater than the other side's, for any lawsuit filed on or after May 26, 2026.
The checklist
- Write down the route number, bus number, direction, time and stop — tonight.
- Get names and numbers of other riders who saw it.
- File no-fault within 30 days.
- Serve the notice of claim within 90 days.
- Keep every medical appointment; gaps are used against you.
We handle these cases from our office a short walk from the Q46 — see our bus accident practice, and the personal injury lawsuit timeline for what follows the notice.
Common questions
How long do I have to file a claim against the MTA for a bus accident?
A notice of claim must generally be served within 90 days of the accident, and a lawsuit must usually be started within one year and 90 days. A court can sometimes allow a late notice, but you should not count on it.
Who pays my medical bills if I was hurt as a passenger on an MTA bus?
Usually your own household's auto insurance policy, through no-fault, if you or a relative you live with own an insured car. If no one does, the bus operator's insurance or self-insurance program handles the no-fault claim.
Can I sue the MTA if the bus stopped suddenly and I fell?
Possibly. New York courts generally require that the stop was unusual and violent, beyond the ordinary jerks of a moving bus. Witness accounts, onboard video and the severity of the injury all matter.
What is a 50-h hearing?
A sworn examination that a public entity like the MTA can demand after receiving your notice of claim, before a lawsuit is filed. You must attend if it is demanded, and it should be prepared for carefully.
Does the 90-day rule apply to private bus companies?
No. Private charter, tour and school bus companies are generally subject to the ordinary three-year statute of limitations for personal injury. The short notice rule is for public entities.
This page is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship with Davidov & Cohen Law. To talk about your own situation, tell us what happened.
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