How long do I have to file a claim against the MTA?

90 days from the date of your injury. This applies to all claims against the MTA, NYC Transit Authority, city buses, and other municipal transportation entities. After filing the Notice of Claim, you must then file your lawsuit within one year and 90 days of the incident.

What happens if I miss the 90-day deadline?

You can petition the court for permission to file a late Notice of Claim, but these petitions are denied more often than they're granted. The court considers factors like whether the entity had actual knowledge of the incident, whether you have a reasonable excuse for the delay, and whether the delay prejudiced the entity's ability to investigate.

Do I file with the MTA or the NYC Comptroller?

It depends on who operates the vehicle or facility. For NYC Transit Authority buses and subways, serve the notice on the NYCTA directly. For injuries on city-owned property or involving city agencies, file with the NYC Comptroller. Getting this wrong can invalidate your claim.

What is a notice of claim in NYC?

A notice of claim is a mandatory first step before you can sue a New York City agency or municipal entity for personal injuries. Under GML § 50-e, the injured person must serve written notice on the public entity within 90 days of the accident, identifying the claimant, describing the nature of the claim, and specifying where and when the injury occurred. This requirement applies to claims against the MTA, NYCTA, the City of New York, and other public entities. Missing the 90-day window can result in dismissal, though courts may grant leave to file late under limited circumstances outlined in GML § 50-e(5).

What does a notice of claim do?

Filing a notice of claim under GML § 50-e formally notifies a public entity, like the MTA or the City of New York, that you intend to pursue a personal injury lawsuit against it. It preserves your right to sue by satisfying a procedural condition courts strictly enforce. Miss the 90-day window and your case can be dismissed before it ever reaches a jury. The notice also triggers the public entity's right to investigate, which often includes a hearing under GML § 50-h where the injured person answers questions under oath about the incident, injuries, and damages.

Is a claim the same thing as a lawsuit?

No. A notice of claim and a lawsuit are two separate legal steps, and confusing them is one of the most common mistakes that derails injury cases against the MTA or the City of New York. The notice of claim is a written demand filed with the public entity within 90 days under GML § 50-e. It's a prerequisite to suing, but it doesn't start a lawsuit. The lawsuit itself is a separate court action that must be filed within one year and 90 days of the incident for most claims against municipal entities in New York.

How long do you have to file a notice of claim in New York?

Filing a notice of claim against a public authority like the MTA, NYCTA, or New York City itself requires strict compliance with GML § 50-e, which sets a 90-day deadline running from the date of the accident or injury. Missing that 90-day window doesn't automatically end your case, but you'll need to file a late notice of claim application in court and persuade a judge that the delay was excusable and that the municipality wasn't prejudiced in its ability to investigate. Different public entities can carry slightly different procedural rules, so an injury that involves, say, a City-owned sidewalk versus an MTA bus may trigger overlapping filing obligations with separate agencies. Once the notice of claim is properly filed, you generally have one year and 90 days from the date of the accident to commence a lawsuit under GML § 50-i, though that timeline can be affected by tolls, infancy, or other circumstances specific to your situation. Because these deadlines are among the most unforgiving in New York personal injury law, speaking with an attorney as soon as possible after an accident involving any government entity is strongly advisable.

What is a notice of intention to make a claim in NY?

Filing a notice of intention to make a claim is a formal written document that alerts a public entity, such as the MTA, New York City Transit Authority, or the City of New York, that an injured person intends to pursue a lawsuit against it. Under GML § 50-e, this notice must generally be served within 90 days of the date the injury occurred, and failing to meet that deadline can bar an injured person from ever bringing a lawsuit against the municipal or public respondent. The notice must include specific information: the claimant's name and address, the nature of the claim, the time and place the injury happened, and the injuries and damages allegedly sustained. Courts in New York have consistently held that substantial compliance with GML § 50-e is required, and even minor omissions in the notice can give a public entity grounds to seek dismissal. If you've been injured and a government agency or public authority may be responsible, speaking with an attorney promptly is important because the 90-day window begins running from the date of the incident, not the date you discover your injuries.

MTA Notice of Claim: 90-Day Filing Guide

Suing the MTA or New York City Transit Authority is nothing like suing a private company. Before you can file a lawsuit, the law requires a preliminary step most injured people have never heard of: the Notice of Claim.

Get it right and you preserve your right to full compensation. Get it wrong or miss the deadline and your case is effectively over before it starts.

What Is a Notice of Claim?

A Notice of Claim is a formal written document that tells a government entity you intend to sue. General Municipal Law § 50-e requires it for virtually all personal injury claims against municipalities, public authorities, and their agencies.

The purpose: give the government entity early notice so it can investigate while evidence is fresh. In practice, it’s a gatekeeping requirement. Fail to file one and courts will dismiss your lawsuit regardless of how strong your case is.

The 90-Day Deadline

You have exactly 90 calendar days from the date of your injury to serve a Notice of Claim. Not 90 business days. Not three months. Ninety calendar days.

This clock starts from the moment of the accident, not from when you discover the full extent of your injuries. Hit by an MTA bus on March 1st? Your Notice of Claim must be served by May 30th. There’s no automatic extension for weekends or holidays on the deadline. If the 90th day falls on a Saturday, Sunday, or public holiday, you get until the next business day under General Construction Law §25-a.

For injuries to minors (under 18), the 90-day deadline still applies. A parent or guardian must file on the child’s behalf. The common misconception that minors’ claims are automatically tolled doesn’t apply to the Notice of Claim requirement.

Who to Serve: MTA vs. NYCTA vs. City

This is where claims go wrong most often. The Metropolitan Transportation Authority is a sprawling network of subsidiary entities, and the Notice of Claim must be served on the correct one.

NYC Transit Authority (NYCTA): Operates subways and local buses in the five boroughs. Serve the notice on the NYCTA’s legal department.
MTA Bus Company: Operates certain bus routes (primarily former private routes taken over by MTA). Technically a separate entity from NYCTA.
MTA Long Island Rail Road / Metro-North: Commuter railroads, each a separate subsidiary requiring their own notice.
NYC Department of Transportation: If your claim involves a road defect, pothole, or traffic signal (not the bus itself), the city’s DOT may be the proper defendant. Serve the NYC Comptroller’s Office.
Private Bus Carriers: Some routes are operated by private companies under contract. These aren’t government entities and don’t require a Notice of Claim at all. Standard personal injury rules apply.

When in doubt, serve multiple entities. There’s no penalty for filing with more than one agency. The penalty for filing with the wrong one is severe.

What the Notice Must Contain

General Municipal Law §50-e specifies the required contents:

Your full name and address
The nature of your claim (what happened)
The date, time, and location of the incident
The injuries you sustained
The amount of damages you’re claiming (this can be a general statement; you’re not locked into the exact number)

The description of the incident must be specific enough to allow the entity to investigate. Vague statements like “I was injured on an MTA bus” are insufficient. Include the bus route number, approximate location, direction of travel, and what specifically caused your injury: a sudden stop, a fall on the steps, a collision with another vehicle.

How to Serve It

Service must be on the entity’s designated agent. For the NYCTA, that’s typically the General Counsel’s office. For city agencies, serve the NYC Comptroller’s Office (1 Centre Street, New York, NY 10007) and the NYC Corporation Counsel (100 Church Street, New York, NY 10007).

The safest method is personal delivery with a signed receipt, or certified mail with return receipt requested. Keep copies of everything. If there’s ever a dispute about whether the notice was properly served, you need proof.

What Happens After You File

Within 90 days of receiving your Notice of Claim, the government entity has the right to conduct a hearing under General Municipal Law §50-h. It’s commonly called a “50-h hearing” or a “municipal examination.”

At this hearing, the entity’s attorneys will ask you questions under oath about the incident, similar to a deposition. You’re required to attend if they demand it. Failing to appear can result in dismissal of your claim.

Treat the 50-h hearing seriously. Bring an attorney. The questions aren’t casual. Your sworn testimony creates a record that will be used at trial.

Late Notice Petitions

If you miss the 90-day deadline, your only option is to petition the court for permission to file a late notice under GML §50-e(5). The court will consider several factors:

Whether the public entity acquired actual knowledge of the essential facts within 90 days or a reasonable time afterward
Whether you have a reasonable excuse for the delay (hospitalization, mental incapacity, infancy, and similar circumstances; ignorance of the law alone isn’t sufficient)
Whether the delay substantially prejudiced the entity’s ability to defend itself

Courts have become increasingly strict about late-notice petitions. Recent Appellate Division decisions have denied petitions where the delay was only a few weeks beyond the deadline. The trend favors the government.

Common Mistakes That Kill Claims

After three decades of handling municipal claims, these are the errors we see repeatedly:

Serving the wrong entity. A claim against the wrong MTA subsidiary is treated as no claim at all. The 90 days expire. The correct entity argues, usually successfully, that it never received timely notice.

Insufficient detail. Notices that fail to identify the specific location, time, and mechanism of injury give the entity grounds to argue the notice was defective. A bus route number and cross street can make the difference.

Relying on oral complaints. Telling the bus driver or a station agent about your injury isn’t a Notice of Claim. Calling the MTA’s complaint line isn’t a Notice of Claim. Only a written notice served on the designated agent satisfies the statute.

Assuming workers’ compensation is enough. If you were injured on the job while riding public transit (a construction worker commuting to a site, for example), workers’ comp may cover your medical bills. But it doesn’t prevent you from also pursuing a personal injury claim against the transit authority, provided you file the Notice of Claim in time.

Waiting for medical records. You don’t need final medical records or a complete diagnosis to file. The notice can be amended later. What you can’t do is file it late.

The Lawsuit Timeline

After filing the Notice of Claim and attending the 50-h hearing (if demanded), you have one year and 90 days from the incident date to file a lawsuit. That’s shorter than the standard three-year statute of limitations for personal injury cases in New York.

The compressed timeline means every week matters. Medical treatment needs documentation. Expert opinions take time to obtain. Liability evidence must be preserved. All within a window that feels long until it isn’t.

Preservation of Evidence

MTA buses are equipped with surveillance cameras that record continuously. Subway stations have CCTV systems. But this footage isn’t retained indefinitely. Some systems overwrite recordings within 30 to 90 days.

Filing your Notice of Claim early creates a preservation obligation. Once the entity is on notice of your claim, it has a duty to preserve relevant evidence, including video footage. Delay the notice and the footage may be gone before anyone asks for it.

MetroCard and OMNY tap records can also establish that you were on a specific bus or in a specific station at the time of the incident. Request these records through the MTA promptly. They aren’t maintained forever.