Getting hit by an MTA bus, subway shuttle, or another city-owned vehicle is not the same as being in an accident with a regular driver. Claims against government entities in New York follow a different process, with strict rules and shorter deadlines. Instead of having years to file, you only have 90 days to take that first critical step. Missing it can mean losing your chance at compensation completely.
Acting quickly matters. The city and the MTA are prepared to defend against claims, and they don’t make the process easy. You need to move fast to file the proper paperwork, gather the evidence that supports your side of the story, and protect your rights before time runs out.
At Kucher Law Group, our Brooklyn car accident lawyers can step in and handle those challenges for you. From making sure your claim is filed on time, to collecting vital evidence while it’s still available, to building a case that stands strong in front of the city or in court, you’ll have someone in your corner who knows how to protect your rights.
If you’ve been hurt in an accident with an MTA or government-owned vehicle, don’t wait. Contact us today at (929) 563-6780 to get the guidance and support you need to meet every deadline and give your claim the strongest possible foundation.
What Makes MTA and City-Owned Vehicle Accidents Different?
When you’re involved in a crash with a city bus, subway vehicle, sanitation truck, or any other government-operated vehicle in New York, the legal process looks very different than a typical car accident claim.
Accidents with public vehicles aren’t treated the same way as collisions between private drivers. These cases fall under what’s called municipal liability, which sets limits on how and when claims can be brought. That means if you were hit by a city bus or a street sweeper, the timeline for starting your case is shorter, and the steps you take early on matter much more.
Unlike private drivers who carry personal auto insurance, government agencies have their own claims process, and they often push back hard on paying damages. This puts added pressure on you to file correctly and on time, or you risk losing your chance at compensation altogether.
Why Claims Against Government Entities Follow Special Rules
New York law gives government agencies extra protections that don’t apply to everyday drivers. These rules are in place because the city and the MTA handle thousands of claims every year, and lawmakers want to control how those claims are managed.
- You only have 90 days from the date of the accident to file a Notice of Claim.
- The city or MTA then has the right to demand a hearing, where you must give sworn testimony about the crash.
- If you miss this first step, you can’t move forward with a lawsuit, no matter how serious your injuries are.
This strict process makes the early stages of your case critical. Acting fast isn’t just about protecting your health but also about protecting your legal rights.
The 90-Day Notice of Claim Deadline Explained
After a crash involving an MTA bus, subway vehicle, or another city-owned vehicle, your timeline to take action is much shorter than in a typical accident case. The law gives you just 90 days to act, and missing the timeline can close your opportunities to recover compensation. Knowing what the Notice of Claim is, why the deadline matters, and what happens if you don’t file it in time can make all the difference for your future.
What Is a Notice of Claim in New York?
A Notice of Claim is the first legal document you must file when filing a claim against a city agency or the MTA. It’s not the lawsuit itself but a crucial step that allows you to file a lawsuit later if necessary.
This document gives the agency a clear outline of what happened, where it happened, and what kind of injuries or damages you’re dealing with. It’s essentially your way of telling the city: this accident occurred, and I’m holding you responsible.
Unlike claims against private drivers, this form is required under New York law, and it must be properly filed with the right agency within the strict deadline.
Why the 90-Day Deadline Is Crucial After a City Vehicle Accident
The clock starts ticking the day the accident happens. That means you only have three months to prepare the paperwork and file it correctly. Missing that window doesn’t just hurt your case but can end it completely.
The deadline is strict because city agencies want prompt notice of any claims against them. This gives them time to investigate quickly while evidence and witnesses are still available. For you, it means there’s no room to wait and see how things unfold. If you’re hurt, even if your injuries feel minor at first, filing a Notice of Claim within those 90 days protects your right to pursue compensation later.
What Happens If You Miss the 90-Day Deadline?
Failing to file within 90 days can have severe consequences. In most cases, your claim will be dismissed, leaving you without a legal path forward. Courts rarely grant exceptions, and when they do, the process is long, complicated, and uncertain.
Missing the deadline means you lose your chance to recover damages for:
- Medical bills and future treatment costs
- Lost income during recovery
- Long-term effects on your ability to work
- Pain, suffering, and emotional impact
Even if you’re still healing or unsure about the extent of your injuries, filing the Notice of Claim on time keeps your options open and protects your right to be heard.
The 30-Day No-Fault Deadline: Another Critical Window
In New York, the No-Fault insurance system is designed to cover your immediate medical expenses and part of your lost wages quickly, regardless of who caused the accident. However, to access these benefits, you must file a No-Fault application (Form NF-2) with the appropriate insurance company within 30 days of the accident.
If you miss this deadline, the insurer can deny payment for your medical treatments and lost wages, unless you can show a reasonable justification for the delay.
It’s important to note that the 30-day No-Fault deadline and the 90-day Notice of Claim deadline are two separate requirements that serve different purposes:
- 30-Day No-Fault Application: Ensures access to immediate benefits for medical bills and lost wages after an accident.
- 90-Day Notice of Claim: Preserves your right to sue a government entity (such as a city or public agency) for full compensation, including pain and suffering and other damages not covered by No-Fault.
Managing these strict deadlines while recovering from injuries can be stressful. An experienced New York car accident attorney can help ensure that all forms are filed correctly and on time — protecting both your access to immediate benefits and your right to pursue long-term compensation.
Top-Rated Brooklyn Car Accident Attorneys – Kucher Law Group
Samantha Kucher, Esq.
As a founding partner of Kucher Law Group, Samantha Kucher has built her career on representing victims of serious car accidents across New York. A graduate of New York University and New York Law School, Samantha has devoted her practice to helping drivers, passengers, and pedestrians recover after life-changing collisions. Fluent in English, Russian, and Spanish, she is able to communicate directly with clients from diverse communities.
Her commitment to injured New Yorkers has earned her recognition as a Super Lawyers “Rising Star” and one of National Trial Lawyers’ “Top 40 Under 40.” With hands-on experience in cases involving catastrophic injuries, Samantha combines skill, compassion, and determination in fighting for those harmed in car crashes.
Michael Roitman, Esq.
Michael Roitman, founding partner of Kucher Law Group, is known for his trial advocacy in high-stakes motor vehicle accident cases. Having secured multiple seven-figure verdicts and settlements, Michael has helped countless car crash victims recover damages for medical costs, lost income, and long-term disability. His background as the child of immigrants drives his commitment to stand up for those who might otherwise feel powerless against insurance companies.
Admitted to practice in New York and New Jersey state courts, as well as federal courts in the Southern and Eastern Districts of New York, Michael brings courtroom strength and proven results to every car accident case he handles.
Alex Rybakov, Esq.
With over a decade of personal injury experience, founding partner Alex Rybakov has represented clients in hundreds of car accident claims, from rear-end collisions to fatal crashes. A graduate of NYU and Seton Hall Law School, Alex has built a reputation for developing case strategies tailored to the unique facts of each accident.
His background spans car accidents, wrongful death, and other serious injury cases. Clients rely on him for clear communication and diligent representation throughout every step of their recovery and claim process.
Who Can File a Claim After an MTA or City Vehicle Accident
If you’ve been hurt in a collision with a bus, subway, or another city-owned vehicle in New York, you may wonder if you actually have the right to bring a claim. The truth is, these claims aren’t limited to drivers.
Injured Drivers, Passengers, and Pedestrians
If you were driving your own vehicle and were hit by an MTA or city-owned vehicle, you have the right to file a Notice of Claim. The same is true if you were a passenger in another car, or even walking across the street when the accident happened.
These types of claims often involve serious injuries because of the size and weight of city vehicles. Broken bones, spinal injuries, and head trauma are common outcomes, and the law gives you the ability to seek compensation for both your immediate and long-term losses.
Rights of Cyclists and Public Transit Riders
Cyclists are especially vulnerable in traffic, and accidents with buses, sanitation trucks, or other large vehicles can cause devastating injuries. If you were riding your bike and struck by a city vehicle, you have the same right to file a Notice of Claim as any driver or pedestrian.
Public transit riders can also bring claims if they were injured while traveling. This includes passengers on buses, subway shuttles, or Access-A-Ride vehicles. If the accident was caused by negligence, such as reckless driving or poor vehicle maintenance, you are entitled to pursue compensation for your injuries.
Claims Involving Wrongful Death or Severe Injury
Some crashes involving MTA or city-owned vehicles result in life-changing harm or even the loss of a loved one. In these situations, New York law allows close family members to pursue a wrongful death claim.
- A spouse, child, or parent can typically file on behalf of the person who passed away.
- The claim may cover funeral costs, medical bills, and the income the family has lost.
- In cases of catastrophic injury, the claim may also account for long-term care, loss of independence, and future financial impact.
These claims are some of the most difficult for families, both emotionally and legally. Taking action within the 90-day window is critical, not only to preserve the right to compensation but also to give your family a chance to move forward with financial support.
Steps to Take Immediately After the Accident
The moments after a crash with an MTA or city-owned vehicle can feel overwhelming. You might be in pain, confused, or unsure about what to do next. Taking the right steps early can make a major difference in both your recovery and your ability to bring a claim under New York law.
Reporting the Accident and Gathering Evidence
If you’re able, report the accident right away. Call 911 so police and emergency responders arrive at the scene. An official accident report creates a record that can later support your claim.
While you’re there, gather as much evidence as you can:
- Take photos of the vehicles, the street, and your injuries.
- Get names and contact details of any witnesses.
- Write down the bus number, license plate, or identifying details of the city vehicle.
These details may seem small at the time, but they carry weight when you need to prove what happened.
Getting Medical Care and Documenting Your Injuries
Even if you feel like your injuries are minor, get medical attention immediately. Some conditions, like concussions or internal injuries, may not show symptoms right away. Seeing a doctor protects your health and also creates medical records that connect your injuries to the accident.
Keep track of every detail related to your treatment. Save hospital bills, prescription receipts, and notes from your doctor. These records help show not only the seriousness of your injuries but also the costs you’ve had to shoulder because of the crash.
Contacting a Lawyer Before Filing a Notice of Claim
Before filing the Notice of Claim, it’s wise to speak with an attorney who handles cases involving city vehicles and the MTA. The filing process is technical, and mistakes can result in your claim being denied.
An attorney can:
- Make sure your Notice of Claim is properly drafted and submitted to the correct agency.
- Protect you during a hearing, where you may have to testify under oath about the accident.
- Handle communications with the city or MTA while you focus on your recovery.
Reaching out for help quickly gives you the best chance to meet the 90-day deadline and protect your right to compensation.
How a Brooklyn Car Accident Attorney Can Help
After being struck by an MTA bus or another city-owned vehicle, you may feel like you’re up against an entire system. The deadlines are short, the rules are strict, and the city has its own lawyers ready to defend against your claim. Having an attorney by your side gives you someone to take on that fight so you can focus on healing.
Investigating the Crash and Identifying Liable Parties
The first step is a thorough investigation. City accidents often involve multiple parties, and figuring out who is legally responsible is not always straightforward.
An attorney can:
- Review police and accident reports in detail.
- Track down and interview witnesses while their memories are still fresh.
- Gather video footage from nearby traffic cameras, businesses, or even the MTA itself.
This work helps connect the dots, showing not just that the accident happened but how negligence played a role. Identifying liability early strengthens your position when it’s time to demand compensation.
Preparing and Filing the Notice of Claim Correctly
As mentioned earlier, you only have 90 days to file a Notice of Claim. The document has to be precise, and it must be sent to the correct agency. Mistakes can end your case before it even begins.
An attorney can take on the responsibility of preparing this paperwork, making sure it fully explains:
- The date, time, and place of the accident.
- The injuries and damages you suffered.
- The legal basis for holding the city or MTA accountable.
By handling the filing process, your attorney removes the stress of deadlines and technical details, leaving you free to concentrate on recovery.
Protecting Your Rights Through Negotiation and Litigation
Once the Notice of Claim is filed, the process doesn’t stop. The city or MTA may schedule a hearing where you’ll have to testify under oath. After that, the agency could deny responsibility or offer a settlement that doesn’t cover the full extent of your losses.
This is where legal representation becomes critical. An attorney can negotiate directly with the city’s lawyers and insurance representatives, pushing for fair compensation. If settlement talks fail, they can file a lawsuit in New York court and fight for you at trial.
Having someone committed to protecting your rights from start to finish gives you a stronger chance of being treated fairly, instead of being left with bills and losses you didn’t cause.
| How a Brooklyn Car Accident Attorney Can Help | Typical Tasks or Services | Notable Data or Context |
|---|---|---|
| Investigating the Crash and Identifying Liable Parties | Review police and accident reports, interview witnesses, gather video footage from traffic or business cameras. | Over 4,500 MTA injury cases have been resolved in recent years, with about $431 million paid in settlements. |
| Preparing and Filing the Notice of Claim Correctly | Draft the notice accurately and file with the correct agency, including details of time, place, injuries, and damages. | A Notice of Claim against a city or the MTA must be filed within 90 days of the accident. |
| Protecting Your Rights Through Negotiation and Litigation | Negotiate with city or transit lawyers, represent clients at hearings, and file a lawsuit if necessary. | Many MTA-related claims settle, but lawsuits may be needed when fair compensation is not offered. |
Compensation Available in MTA and City Vehicle Accident Cases
When an accident with an MTA bus or another city-owned vehicle leaves you injured, the impact reaches far beyond the crash itself. You may face mounting medical bills, time away from work, and daily struggles that change your quality of life. New York law allows you to pursue compensation for these losses, and knowing what may be available can help you plan for the future.
Medical Expenses and Future Treatment Costs
The cost of medical care after a serious accident can add up quickly. Hospital visits, surgeries, rehabilitation, and ongoing therapy are often necessary to recover fully, or as much as possible.
Your claim can cover:
- Emergency room visits and ambulance costs.
- Doctor’s appointments, surgeries, and follow-up care.
- Physical therapy, occupational therapy, or long-term rehabilitation.
- Medications, medical devices, and home care when needed.
In many cases, the treatment doesn’t end after a few months. If your injuries require care in the years ahead, your claim may also include projected future medical expenses so you aren’t left struggling later.
Lost Wages and Loss of Earning Capacity
An accident with a city-owned vehicle can put your job on hold. You might miss weeks or even months of work while you recover. The law allows you to seek compensation for the income you’ve already lost and, in more serious cases, for the income you’ll lose in the future.
If your injuries prevent you from returning to your old job, or if they limit your ability to earn at the same level as before, you may be entitled to damages for loss of earning capacity. This part of the claim helps secure your financial stability in the long run.
Pain, Suffering, and Emotional Distress
Not all damages are financial. The physical pain and emotional toll of an accident are real, and they affect every part of your life. You may struggle with anxiety when traveling, depression from being unable to live as you once did, or daily discomfort from lingering injuries.
Compensation for pain and suffering acknowledges the ways your life has changed beyond medical bills and lost wages. It’s meant to recognize the hardship you’ve endured and give you the support to rebuild with dignity.
Why Acting Quickly Protects Your Case
Time is one of the most important factors in an accident claim against the MTA or a city-owned vehicle. Every day that passes makes it harder to collect the evidence you need and puts you closer to missing legal deadlines. Acting quickly not only protects your rights but also strengthens your ability to pursue fair compensation.
Preserving Evidence and Witness Testimony
Evidence fades fast after a crash in New York City. Surveillance footage can be erased, vehicles get repaired, and the memory of witnesses starts to fade. Taking early action helps secure the proof that can make or break your case.
- Photos and videos of the accident scene may capture critical details.
- Witness statements taken soon after the crash are often more accurate and reliable.
- Vehicle data and maintenance records from the MTA or city must be requested before they disappear into storage.
The sooner you act, the stronger your evidence will be when it’s time to support your claim.
Avoiding Dismissal Due to Missed Deadlines
One of the biggest risks in these cases is missing the strict 90-day deadline to file a Notice of Claim. If you don’t file on time, the court will almost always dismiss your case, leaving you without a chance to recover damages.
This deadline is unforgiving, and waiting too long can erase your legal options, no matter how serious your injuries are. Taking immediate steps protects you from losing your claim before it even begins.
Strengthening Your Position for Settlement or Trial
When you act quickly, you don’t just meet deadlines—you also build leverage. A well-prepared claim with strong evidence signals to the city or MTA that you’re serious. This can lead to better settlement offers and reduce the chances of a drawn-out legal fight.
If your case does go to trial, having preserved records, timely medical documentation, and reliable witness testimony gives you a powerful position in court. Preparation from the very start can be the difference between a fair outcome and walking away with nothing.
Protect Your Rights Before Time Runs Out
When you’re hurt in an accident with an MTA bus or another city-owned vehicle, every day counts. The law doesn’t give you much time, and missing the filing window can take away your chance to be heard. Acting quickly is about giving yourself the best opportunity to recover the compensation you need to move forward.
Our Brooklyn car accident lawyers from Kucher Law Group can take on the hard parts for you. From filing your claim on time to gathering evidence and building your case, you’ll have someone committed to protecting your rights at every stage.
Don’t let the clock run out on your claim. Reach out to Kucher Law Group today, and take the first step toward protecting your future.
