If you are injured on a Metropolitan Transportation Authority (MTA) bus or subway, inside a New York City Housing Authority (NYCHA) building, or on any property owned or maintained by the City of New York, you generally have exactly 90 days from the date of the incident to serve a formal Notice of Claim.
While most personal injury claims against private individuals or businesses in New York carry a three-year statute of limitations, claims against municipal entities operate under far stricter, unforgiving rules. Under New York General Municipal Law § 50-e, failing to properly file a Notice of Claim within this 90-day window can permanently bar you from recovering financial compensation—regardless of how severe your injuries are or how clear the government’s negligence was.
Why the 90-Day Notice of Claim Is Required
A Notice of Claim is a formal legal document that puts the government, city agency, or public transit authority on notice that an injury occurred and that you intend to pursue legal action. It allows the municipality to investigate the incident scene, interview employees, preserve surveillance footage, and evaluate damages before formal litigation begins.
It is critical to understand that an internal accident report, police report, or MTA incident log is NOT a Notice of Claim. Filing an accident report with a bus driver or station agent does not satisfy your legal obligation under General Municipal Law § 50-e.
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Municipal Entities Covered by the 90-Day Rule
The 90-day filing deadline applies to virtually all public transportation authorities, municipal agencies, and government properties throughout New York City and the surrounding boroughs:
- Public Transit Authorities: New York City Transit Authority (NYCTA), Manhattan and Bronx Surface Transit Operating Authority (MaBSTOA), MTA Bus Company, Staten Island Rapid Transit Operating Authority (SIRTOA), and the Tri-Borough Bridge & Tunnel Authority (TBTA).
- New York City Public Property: The City of New York, including public streets, sidewalks abutting city-owned land, public parks, public schools (Department of Education), and municipal office buildings.
- Public Housing Facilities: New York City Housing Authority (NYCHA) complexes, stairwells, grounds, and elevators.
- Public Healthcare Systems: NYC Health + Hospitals (NYC H+H) medical facilities and municipal clinics.
(Note: Certain regional transportation subsidiaries, such as the Long Island Rail Road or Metro-North, may follow distinct statutory notice rules under public authorities law. An experienced attorney can identify every entity that must be served.)
What Happens After You File a Notice of Claim?
Serving the Notice of Claim is only the first procedural step in a municipal personal injury claim. Once the notice is served, specific statutory timelines and requirements go into effect:
- The 50-h Hearing: Under General Municipal Law § 50-h, the City or transit authority has the right to demand an examination of the claimant under oath (50-h Hearing). This proceeding functions similarly to an early deposition, where city attorneys question you about how the accident happened and the extent of your injuries.
- Statute of Limitations to File the Lawsuit: Filing the Notice of Claim within 90 days does not start your lawsuit. General Municipal Law § 50-i, you must formally file your lawsuit within 1 year and 90 days from the date of the accident (a much shorter window than the standard three-year deadline for private injury claims).
- Wrongful Death Claims Against Municipalities: If an accident results in a fatal injury, the 90-day Notice of Claim deadline for wrongful death runs from the official court appointment of the estate representative, rather than the date of death. However, strict litigation deadlines still apply.
What If You Miss the 90-Day Deadline?
If the 90-day period passes without filing a Notice of Claim, you cannot simply start a lawsuit. Your only remaining legal remedy is to petition the court under General Municipal Law § 50-e(5) for permission to file a Late Notice of Claim.
Courts have sole discretion when deciding whether to grant leave to file late. When evaluating a petition, judges weigh several strict criteria, including:
- Whether the municipality had actual knowledge of the essential facts surrounding the injury within the 90 days or a reasonable time thereafter.
- Whether you have a compelling, reasonable excuse for the delay (e.g., severe physical or mental incapacitation).
- Whether the delay substantially prejudiced the government’s ability to investigate and defend the claim.
Requesting permission to file a late notice is an uphill battle and is never guaranteed. Relying on a late petition is an emergency fallback—not a safety net.
Essential Steps to Take Immediately After an MTA or City Property Accident
Because municipal evidence—such as subway station video footage or bus dashcam recordings—is routinely overwritten within days or weeks, taking immediate action is critical:
- Document the Exact Location: Take photos and videos of the defect, cracked sidewalk, broken subway step, spilled liquid, or damaged vehicle, along with surrounding landmarks and street signs.
- Gather Identifying Information: Note the bus or train car number, route, station name, time of day, and badge numbers of responding MTA or NYPD officers.
- Seek Prompt Medical Treatment: Obtain medical care immediately and keep all diagnostic records, ambulance bills, and discharge instructions.
- Consult an Experienced Trial Attorney Immediately: Never wait until day 85 to contact a lawyer. Preparing a legally compliant Notice of Claim requires precise factual details, proper legal drafting, and verified service on the correct municipal agency.
Contact Chaikin Trial Group Personal Injury Lawyers Today
When fighting the MTA or the City of New York, experience and speed are everything. At Chaikin Trial Group Personal Injury Lawyers, our legal team brings over 50 years of combined legal experience and has recovered over $100 million for clients across New York City, Long Island, the Bronx, Brooklyn, Queens, and Westchester County.
We maintain complete transparency from day one and move aggressively to protect your rights before strict municipal deadlines expire.
Come in as a client, leave as a friend. Call Chaikin Trial Group today or fill out our online form to schedule your 100% free, urgent case evaluation.
