Subway or Bus Accident in NYC? The 90-Day Notice of Claim Rule Can Make or Break Your Case
If you were hurt on a New York City subway, train, or bus, you face a deadline that most accident victims have never heard of — and missing it can end your case before it starts. A subway or bus accident lawyer in NYC will tell you the same thing on day one: claims against the transit system are governed by special rules, and the clock runs fast. At Redmond Law Firm, PLLC, based at 206 Livingston St in Downtown Brooklyn, we help injured riders across all five boroughs protect their rights before these deadlines close.
This guide explains who you are actually suing when you are hurt on public transit, the 90-day notice of claim requirement, the shortened statute of limitations, and the examination you may have to sit for before you can file a lawsuit. It is general information, not legal advice — but it should help you understand why acting quickly matters so much.
Who Are You Actually Suing After a Subway or Bus Accident?
The short answer: usually not “the MTA” as a single entity. New York’s public transit system is a web of related public authorities and subsidiaries, and naming the correct one is critical.
The subway and most city buses are operated by the New York City Transit Authority (NYCTA), a public-benefit corporation. Some bus routes are run by the Manhattan and Bronx Surface Transit Operating Authority (MaBSTOA) or by the MTA Bus Company, which absorbed several formerly private bus lines. The Metropolitan Transportation Authority (MTA) is the parent umbrella, and other services like Long Island Rail Road and Metro-North are separate authorities again.
Why does this matter to you? Because a notice of claim served on the wrong entity may not count, and suing the wrong defendant can be fatal to a claim. An experienced attorney identifies the correct operator — NYCTA, MaBSTOA, MTA Bus Company, or another subsidiary — before filing anything. Getting the defendant right is step one.
The 90-Day Notice of Claim Deadline
Here is the rule that ends more transit cases than any other. Before you can sue the New York City Transit Authority for personal injury, you must first serve a notice of claim. Under General Municipal Law § 50-e(1)(a), that notice must be served within 90 days after the claim arises — in most injury cases, that means 90 days from the date of the accident.
Public Authorities Law § 1212(2) is the statute that applies the notice-of-claim requirement to the NYCTA: no action for personal injury can proceed against the Transit Authority unless a notice of claim has been served in compliance with Section 50-e. So the 90-day clock is not optional paperwork — it is a precondition to your entire case.
The notice of claim is a formal, written document. It must describe the nature of the claim, the time, place, and manner in which it arose, and the injuries claimed. A notice that is vague, incomplete, or served on the wrong authority can be challenged. This is precise, technical work with no room for guesswork, which is why many injured riders contact a lawyer within days of a transit accident rather than waiting. The same early-action principle applies after any crash — see our guide on what to do in the first 24 hours after a car accident in Brooklyn.
If you miss the 90-day window, all is not automatically lost — New York courts can, in some circumstances, grant leave to serve a late notice of claim. But that relief is discretionary, not guaranteed, and it depends on specific factors the court weighs. You should never count on it. Treat 90 days as a hard deadline.
The Shortened Statute of Limitations: One Year and 90 Days
Most personal injury lawsuits in New York carry a three-year statute of limitations under CPLR § 214. Transit claims do not get that generous window.
Under Public Authorities Law § 1212(2), an action against the New York City Transit Authority must be commenced within one year and ninety days after the cause of action accrues. That is dramatically shorter than the general three-year rule, and it is easy for an unrepresented accident victim to assume they have “a few years” when they do not.
So a transit injury case actually involves two separate deadlines stacked together:
- 90 days to serve the notice of claim (GML § 50-e), and
- one year and 90 days to file the lawsuit itself (PAL § 1212(2)).
Both must be met. Serving the notice of claim does not extend your time to sue, and filing suit does not cure a missing notice of claim. An attorney tracks both deadlines from the moment you are retained.
The 50-h Examination You May Have to Attend
Before a transit injury case ever reaches a courtroom, you may be required to give testimony. Under General Municipal Law § 50-h, a public entity has the right to demand an oral examination of the claimant about the facts of the claim before the lawsuit proceeds.
This is not a trial and not a deposition in the usual sense — it is a sworn, pre-suit examination conducted by the transit authority’s attorneys. They will ask how the accident happened, what you were doing, and about your injuries and treatment. Your answers are recorded and can be used later in the case.
Why this matters: if a § 50-h examination is properly demanded and you fail to appear, your case can be dismissed or barred from proceeding. At the same time, the examination is an opportunity — handled well, with preparation, it establishes your account clearly. Having a lawyer prepare you for and attend the § 50-h hearing is one of the most practical reasons to be represented early in a transit case. Strict public-entity deadlines also appear in other injury contexts, such as construction accident claims under Labor Law § 240(1).
What to Do After a Subway or Bus Accident in NYC
While the deadlines above are the legal backbone of your case, a few practical steps in the first days protect the evidence that makes a claim provable.
- Report the incident. Tell the bus operator, train conductor, or station personnel, and ask how the incident is logged. For a bus, note the route and bus number; for the subway, note the line, train, station, and direction.
- Get medical care promptly. See a doctor even if you feel only shaken. Gaps in treatment are routinely used to dispute injuries, and your health comes first.
- Preserve evidence. Photograph the scene, any hazard, and your injuries. Transit stations and buses carry cameras, but that footage can be overwritten — a lawyer can act quickly to request its preservation.
- Collect witnesses. Names and phone numbers of other riders can matter enormously later.
- Be careful about statements. Give accurate factual information to officials, but you are not required to speculate about fault or guess at your injuries.
Every one of these steps supports the formal notice of claim and the lawsuit that may follow. The sooner the process starts, the more evidence survives.
Frequently Asked Questions
How long do I have to file a claim after an NYC subway or bus accident?
Two deadlines apply. You generally must serve a notice of claim within 90 days of the accident under General Municipal Law § 50-e, and you must start any lawsuit against the New York City Transit Authority within one year and 90 days under Public Authorities Law § 1212(2). Both deadlines are strict, so acting quickly is essential.
What is a notice of claim and why do I need one?
A notice of claim is a formal written document that tells the transit authority about your claim — the time, place, manner, and injuries involved. Under Public Authorities Law § 1212(2), serving it is a precondition to suing the New York City Transit Authority. Without a timely, proper notice of claim, your lawsuit can be dismissed.
Who do I sue after a New York City bus or subway accident?
It depends on which entity operates the line. The subway and many buses are run by the New York City Transit Authority, while other bus routes run through MaBSTOA or the MTA Bus Company. Identifying the correct public authority before filing is critical, because naming the wrong defendant can defeat an otherwise valid claim.
What is a 50-h hearing?
A 50-h examination, authorized by General Municipal Law § 50-h, is a sworn oral examination the transit authority can demand before your lawsuit proceeds. Its attorneys question you about how the accident happened and your injuries. If one is properly demanded and you fail to appear, your case can be barred, so preparation with your attorney matters.
Can I still file if I missed the 90-day notice of claim deadline?
Possibly, but not automatically. New York courts have discretion to permit a late notice of claim in certain circumstances, weighing specific factors. That relief is never guaranteed, so you should never rely on it — contact a lawyer immediately if you believe a deadline has passed.
Talk to a Brooklyn Transit Accident Lawyer
Transit cases reward speed. Between the 90-day notice of claim, the one-year-and-90-day filing deadline, and a possible § 50-h examination, the margin for error is thin. Redmond Law Firm, PLLC represents injured subway, train, and bus riders throughout Brooklyn, Manhattan, Queens, the Bronx, and Staten Island. Consultations are free, we speak English and Spanish, and there is no fee unless we win.
If you or a loved one was hurt on NYC transit, contact our Brooklyn office or call (646) 285-7115 to speak with our team before the deadlines close.
This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.