Subway riders were hurt in 3,102 customer accidents in 2025, up from 3,041 the year before [1]. On city buses, the MTA logged 59.30 collisions for every million miles driven [1]. Anyone hurt on a bus or in the subway has a much shorter window to act than they would after a fall in a private store. A claim against the transit system starts with a sworn notice of claim, and it is due 90 days after the injury [2][3].
This guide explains who the rule covers and what the notice has to say. It also covers what happens if the 90 days have already passed. Manhattan attorney Eric Richman handles bus accident and subway injury claims against New York City Transit and the MTA.
Injuries on the Subway and Buses
| MTA Safety Measure | 2025 Result |
| Subway customer accidents | 3,102, up 2.0% from 3,041 in 2024 |
| Subway customer accident rate | Down 4.7% from 2024 |
| Bus customer accident rate | Down 13.2% from 2024 |
| Bus collisions | 59.30 per million miles, a slight decline from 2024 |
Source: MTA Safety Committee, Key Safety Metrics, February 23, 2026 [1]. Figures cover New York City Transit for the 12 months ending December 2025.
Ridership grew faster than accidents did, so the subway’s accident rate fell even as the count rose [1]. The bus customer accident rate dropped more sharply [1]. Any rider hurt in one of them faces the same 90-day clock.
Why the Clock Is 90 Days
New York City Transit and the Metropolitan Transportation Authority are public authorities. State law bars an injury lawsuit against either one unless a notice of claim was served first [3][4]. The notice has to meet the requirements of General Municipal Law §50-e, which sets the 90-day deadline [2].
| Deadline | What Is Due |
| 90 days after the injury | Sworn notice of claim served on the transit authority |
| 30 days after the notice | Earliest date to sue, if the claim has not been paid or adjusted |
| 1 year and 90 days after the injury | Last day to file the lawsuit |
Sources: General Municipal Law §50-e [2]; Public Authorities Law §1212 [3]; Public Authorities Law §1276 [4].
Compare that with a crash involving a private tour or charter bus. A negligence claim against a private company generally has three years and needs no notice of claim [5].
What the Notice Has to Say
| Required Item | What to Include |
| Claimant | Name and mailing address of each person making the claim, and of their lawyer |
| Nature of the claim | What kind of claim it is, such as negligence by a bus operator |
| Time, place and manner | When, where and how the injury happened, such as the station, platform or bus route |
| Injuries and damages | The injuries and losses claimed, as far as they are known |
| Oath | The notice must be in writing and sworn to by or for the claimant |
Source: General Municipal Law §50-e [2].
The notice goes to the person the law designates to receive a summons for the authority, or to the authority’s attorney [2]. It can be delivered in person or sent by registered or certified mail [2]. Precision helps. “Times Square station” covers a lot of ground. A specific platform, stairway or car number narrows it to one spot.
If the 90 Days Have Passed
Missing the deadline doesn’t always end the claim. A court can allow a late notice, but only within the time allowed to sue, which is one year and 90 days for the transit authorities [2][3].
| What the Court Weighs | Why It Matters |
| Whether the authority knew the essential facts within 90 days or soon after | An incident report or police report made at the time can show this |
| Whether the injured person was a minor, incapacitated, or died before the deadline | These reasons can excuse a delay |
| Whether the delay hurt the authority’s defense | Lost video or missing witnesses weigh against a late notice |
Source: General Municipal Law §50-e(5) [2].
An application for late notice is a separate court proceeding, and nothing guarantees it will be granted [2]. Reporting the injury to station staff or the bus operator at the time helps, because it can show the authority knew the facts early [2]. The simpler path is a notice filed well inside the 90 days.
Taking On the MTA
Eric Richman has taken the MTA to trial. In a Metro-North train crash trial, he won a liability verdict that found the MTA 71% at fault. The result is listed among his settlements and verdicts.
Because the notice is due so quickly, riders weighing who should handle a bus or MTA accident case in Manhattan should ask how soon the firm can serve it. Eric Richman appears on NY1 as a legal commentator. Clients reach him on his cell phone directly, and Spanish-speaking riders have in-house interpreter support.
If you were hurt on a bus or in the subway and need legal guidance or would like to discuss your case, contact Eric Richman at (212) 688-3965 for a free consultation.
Frequently Asked Questions
How long do I have to file a claim after a subway or MTA bus injury?
You generally have 90 days from the injury to serve a notice of claim on the transit authority. The lawsuit itself must be filed within one year and 90 days.
What happens if I miss the 90-day notice deadline?
You can ask a court for permission to file a late notice, but the court decides case by case. It looks at whether the authority knew the facts early and whether the delay hurt its defense.
Does the 90-day rule apply to private buses?
No. A claim against a private bus company, such as a tour or charter operator, generally has a three-year deadline and no notice of claim requirement.
Sources
1. MTA Safety Committee. (2026, February 23). Key safety metrics. https://www.mta.info/document/199156
2. New York State Senate. General Municipal Law §50-e: Notice of claim. https://www.nysenate.gov/legislation/laws/GMU/50-E
3. Public Authorities Law §1212: Actions against the authority (New York City Transit Authority). NewYork.Public.Law. https://newyork.public.law/laws/n.y._public_authorities_law_section_1212
4. New York State Senate. Public Authorities Law §1276: Actions against the authority (Metropolitan Transportation Authority). https://www.nysenate.gov/legislation/laws/PBA/1276
5. New York State Senate. Civil Practice Law and Rules §214. https://nysenate.gov/legislation/laws/CVP/214
