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Suing the MTA: the 90-day deadline that ends most bus claims

7 min read April 2026

Claims against the MTA and New York City follow rules that end most cases before they start. The most important one is a 90-day clock.

Being injured on or by a New York City bus is not like an ordinary accident claim. When the responsible party is a public entity — the MTA, New York City Transit, or the City itself — special rules apply, and the deadlines are dramatically shorter than most people expect. Miss them and even a strong case can be lost forever.

The Notice of Claim

Before you can sue most public entities in New York, you must serve a formal 'Notice of Claim,' generally within 90 days of the incident. This is not the lawsuit itself — it is a required precondition to it. The notice must describe the claim, when and where it happened, and the injuries, with enough specificity to satisfy the statute.

90 days, not three years

Ordinary injury claims allow up to three years to sue. Public-entity claims can require notice within 90 days — a trap that ends countless valid cases.

The 50-h hearing

After the Notice of Claim, the public entity often has the right to examine you under oath at what is called a '50-h hearing' before any lawsuit proceeds. It is a formal, recorded proceeding, and how you handle it matters. Having counsel prepare you is important.

Shorter suit deadline, too

Lawsuits against many public entities must also be filed within one year and 90 days of the incident — again, far shorter than the standard window. Between the notice requirement, the hearing, and the compressed statute of limitations, these cases demand fast action.

What to do

If a public bus, transit vehicle, or city vehicle was involved in your injury, treat the clock as running from day one. Preserve everything, avoid giving statements, and speak with an attorney immediately — the 90-day window leaves no room to 'wait and see.'

This guide is general information about New York law, not legal advice, and does not create an attorney-client relationship. Deadlines and statutes change and every case is different — speak with an attorney about your specific situation.
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