MTA accident lawyer: 90-day notice deadline

You must get a sworn notice of claim in writing to New York City Transit within 90 days after the accident. Sworn means you sign under oath. This rule comes from N.Y. Gen. Mun. Law § 50-e.

The rule changes for MTA Bus Company routes; most of these are in Queens, Brooklyn and the Bronx. You don't need a sworn 90-day notice. But at least 30 days before suing, you must get a written claim to MTA Bus Company. The time to sue stays the same: 1 year plus 90 days.

The lawsuit must be filed no more than 1 year and 90 days after the accident, and you can't sue until at least 30 days have passed after the claim. That time limit is set by N.Y. Pub. Auth. Law § 1212(2).

Hurt on the subway or a bus run by New York City Transit? Send the MTA's Personal Injury Claim Form to serviceclaims@nyct.com by email before the 90-day window closes. The law also asks for the notice to be sworn, so a lawyer from the firm can check that what you send meets that rule. The same form covers the Staten Island Railway and the Manhattan and Bronx buses that New York City Transit runs. In the Bronx, Queens and Brooklyn some routes belong to MTA Bus Company instead: send MTA Bus Company its own written claim by a method that leaves proof, no later than 30 days before you sue. Not sure which company runs your bus? Call, and the firm will look it up for you. Official page.

• Courts may accept a late notice of claim, but never beyond the 1 year and 90 days deadline for suing. Source
• Under oath, you can be questioned about the claim by the Transit Authority. Source
• If someone died, the 90 days begin once a representative is appointed for the estate. Source