MTA bus accident claims work differently from standard car accident cases. Because the MTA is a government entity, anyone hurt in an MTA bus accident must file a Notice of Claim within 90 days of the accident under New York General Municipal Law § 50-e. Missing that deadline typically bars the claim entirely — regardless of how serious the injuries are.
That single rule separates MTA bus accident cases from nearly every other personal injury claim. Understanding it — and the steps that come before and after — can make the difference between keeping your rights and losing them.
What's in this video?
An overview of New York City bus accident cases, including what passengers and pedestrians should know about their rights after being hurt in a bus collision.
What Makes an MTA Bus Accident Claim Different
The MTA — Metropolitan Transportation Authority — runs the city's buses and subways. As a public authority under New York State law, it gets legal protections that private bus companies don't.
The biggest one is the Notice of Claim requirement. Under General Municipal Law § 50-e, you cannot sue the MTA without first filing this formal notice within 90 days of your accident. Private car accident cases give you three years to file a lawsuit. With the MTA, you have 90 days just to file the notice — or the door closes.
After you file the notice, the MTA can require a 50-h hearing — a sworn, pre-lawsuit examination under GML § 50-h. Once that's done, you have one year and 90 days from the accident date to file a lawsuit (GML § 50-i).
That compressed timeline is why the steps right after an MTA bus accident matter so much.
Step 1: Safety First — What to Do at the Scene
Your first priority is getting safe.
If you can move without risk, get away from traffic. If you or anyone nearby might have a neck or back injury, stay still and wait for emergency responders — moving someone with a spinal injury can make it worse.
Call 911 right away. Ask for police and an ambulance. When officers arrive, tell them you were injured — even if you feel okay. Adrenaline and shock often hide pain, and having your injury documented in the police report from the start matters later.
While you wait:
- Write down the bus route number and vehicle number (printed on the exterior and interior)
- Get the driver's name and employee ID if you can
- Note the exact location and time
- Stay on the scene until police take your statement
Do not sign anything an MTA representative hands you at the scene.
Step 2: Get Medical Care the Same Day
Even if you walked away from the accident, see a doctor that day.
Bus accidents put sudden force on the body — hard stops, sharp turns, collisions. Whiplash, soft-tissue injuries, concussions, and herniated discs often don't show up for hours or days. Soreness on the day of the accident can become chronic neck pain needing surgery a week later.
Gaps in treatment create problems. Insurance adjusters and defense attorneys use delays between an accident and medical care to argue that the injuries were not serious. Going to an urgent care center or emergency room the same day creates a medical record that ties your injuries to the event.
After that first visit:
- Follow every instruction your doctor gives
- Go to all follow-up appointments
- Keep all bills, records, and notes from every provider
- Write down how your injuries affect your daily life
If you have headaches, dizziness, confusion, trouble concentrating, or vision changes — tell the treating doctor. These can be signs of a traumatic brain injury (TBI). Don't downplay symptoms.
What's in this video?
A practical guide to documenting your injuries and the accident scene in New York — the records that matter most when building a claim.
Step 3: Document the Accident Thoroughly
Good documentation starts at the scene and continues for weeks.
At the scene:
- Photos of the bus exterior, including route and vehicle number
- Photos of the interior where you were sitting and any visible damage
- Photos of any visible injuries
- Road conditions, traffic signals, and any physical hazard involved
- Names and phone numbers of any witnesses
After the scene:
- A written account of the accident while your memory is fresh — include the date, time, exact location, what happened, and the direction the bus was going
- MTA incident report number if one was created at the scene
- Police report number, and a copy once it's available
- All medical records and bills from every provider
- A log of missed work, activities you can no longer do, and how injuries affect daily life
Do not rely on the MTA's own records. Their version protects their interests, not yours.
Step 4: File a Report with the MTA
Notifying the MTA directly is separate from calling 911.
MTA staff at the scene may start their own incident report. If you get an MTA incident number, write it down. If you couldn't report at the scene, contact MTA customer service or call 511.
This creates an official record on the MTA's side — but it does not replace the Notice of Claim you must file. That is a separate, legally required step.
Step 5: How to File a Notice of Claim After an MTA Bus Accident
This is the step that decides whether your case moves forward at all.
Under New York General Municipal Law § 50-e, you must file a Notice of Claim within 90 days of the accident. The notice must include:
- Your name and address
- The date, time, and location of the accident
- How the accident happened
- A description of your injuries
- The damages you are claiming
The Notice of Claim for MTA bus accidents is served on the MTA and its relevant constituent agency — such as the New York City Transit Authority (NYCTA) for local city buses. Personal injury claim forms for NYCTA, MaBSTOA, and SIRTOA are available directly from the MTA. For the specific serving address and process for your claim, visit mta.info or call 511.
The 90-day deadline has almost no exceptions. Infants and people who are legally incapacitated may have some flexibility. Courts rarely grant extensions otherwise. If you are unsure whether your deadline has passed, talk to an attorney immediately — do not assume.
What Is a 50-h Hearing?
After you file a Notice of Claim, the MTA can require a hearing before any lawsuit is filed. This is called a 50-h examination under GML § 50-h.
At a 50-h hearing, an MTA attorney questions you under oath about the accident, your injuries, and your treatment before any lawsuit can be filed. Missing a scheduled hearing can get your claim dismissed.
For details on what to expect from the legal process that follows, see our Queens bus accident lawyer page.
MTA Bus Accident Claim Timeline
| Step | Deadline |
|---|---|
| Seek medical care | Same day as accident |
| File police report | At scene / within days |
| File MTA incident report | As soon as possible |
| File Notice of Claim | Within 90 days of accident |
| Appear for 50-h hearing | When scheduled by MTA |
| File lawsuit | Within 1 year and 90 days of accident |
Frequently Asked Questions About MTA Bus Accident Claims
How long do I have to file a claim against the MTA?
You have 90 days from the date of your MTA bus accident to file a Notice of Claim under General Municipal Law § 50-e. Missing this deadline usually ends your case permanently. After filing, you have one year and 90 days from the accident date to file a lawsuit under GML § 50-i.
What is a Notice of Claim for an MTA bus accident?
A Notice of Claim is a formal legal document required before you can sue the MTA. It must include the date, time, and location of the accident, how it happened, your injuries, and the damages you are claiming. It is served on the MTA and its relevant constituent agency within 90 days of the accident under GML § 50-e.
What should I do right after an MTA bus accident?
Call 911, stay at the scene, and tell responding officers you were injured — even if you feel okay. Take photos of the bus number, route, your injuries, and the scene. Get witness contact information. Seek medical care that day. Write down everything about the accident while memory is sharp.
Can I sue the MTA for bus accident injuries in New York?
Yes, but you must follow the required process first. File a Notice of Claim within 90 days (GML § 50-e), appear for any 50-h hearing the MTA requests, and then file a lawsuit within 1 year and 90 days of the accident (GML § 50-i). Skipping the Notice of Claim step usually ends your right to sue. For questions about your situation, see our Queens bus accident lawyer page.
What happens at a 50-h hearing after an MTA bus accident?
A 50-h hearing is a sworn pre-lawsuit examination under GML § 50-h. An MTA attorney questions you under oath about the accident, your injuries, and your treatment. Missing a scheduled hearing can result in your claim being dismissed.
Do I need a lawyer to file a Notice of Claim against the MTA?
You are not required to have an attorney to file a Notice of Claim — you can get the forms from the MTA directly. But the notice must meet specific legal requirements, and errors can invalidate it. Given the strict 90-day deadline and what comes after, most people benefit from consulting a lawyer as soon as possible after an MTA bus accident.
Sources & Official Resources
New York Laws Cited
- NY General Municipal Law § 50-e — Notice of Claim
- NY General Municipal Law § 50-h — Municipal Examination of Claimant
- NY General Municipal Law § 50-i — Statute of Limitations for Municipal Claims
Helpful Resources 4. MTA — Contact and Claims Information
Contact The Orlow Firm
If you were hurt in an MTA bus accident in New York, the steps above protect your right to pursue a claim — but the 90-day Notice of Claim deadline makes timing critical.
The attorneys at The Orlow Firm have handled bus and MTA accident cases for over 40 years from their Queens office. Steven S. Orlow, Brian Seth Orlow, and Adam Moses Orlow are Queens-based personal injury attorneys who understand the specific procedures these cases require.
Call (646) 647-3398 for a free consultation. We work on contingency — no fee unless we recover for you. Se Habla Español.
