Outside the Rego Park branch of the Queens Public Library on 63rd Drive, the buses come and go all day. The Q38 heads toward Middle Village, the Q60 runs along Queens Boulevard toward Jamaica and Manhattan, the Q11 and Q52/Q53 Select Bus Service work Woodhaven Boulevard, and express buses carry commuters into the city. For many Rego Park residents, especially seniors, students and anyone without a car, the bus is daily life.
When an MTA bus crash injures someone, the claim follows a path unlike almost any other injury case. Public transit claims come with special forms, a mandatory hearing, and some of the shortest deadlines in New York law. Miss a step, and a strong case can be lost on paperwork alone. This manual, from a bus accident lawyer in Rego Park, explains each document and step in order.
Who Runs the Buses in Rego Park?
Local buses in Queens are operated by MTA New York City Transit and MTA Bus Company, both part of the Metropolitan Transportation Authority. Which entity operates your route matters, because the Notice of Claim must be served on the correct one. Express buses and some local routes are run by MTA Bus Company, while others are run by NYC Transit. A lawyer confirms the operator from the route, the bus number and depot records.
Document 1: The No-Fault Application (Form NF-2)
Due: generally within 30 days of the accident.
Here is a point many people find surprising: buses are generally excluded from the definition of “motor vehicle” for purposes of New York’s no-fault law. That means bus passengers are often not covered by the bus’s no-fault in the way car occupants are. Instead, a bus passenger may look to no-fault coverage under their own household auto policy if they or a resident relative owns a car. If you were in a car or walking and were struck by a bus, the analysis differs again, and you may claim under your own policy or, in some cases, the bus’s coverage. Because the rules on buses are technical, have a lawyer review your coverage right away.
Why it matters: no-fault, where available, pays your medical bills and part of lost wages promptly, regardless of fault.
Document 2: The Notice of Claim
Due: within 90 days of the accident.
Under General Municipal Law Section 50-e and the Public Authorities Law provisions applicable to the MTA and its subsidiaries, you must serve a written Notice of Claim on the correct transit entity before you can sue. The notice must state:
- Your name and address, and your attorney’s, if any.
- The nature of the claim.
- The time when, place where and manner in which the claim arose, with enough detail that the agency can investigate, such as the route, direction, bus number if known, and exact stop or intersection.
- The items of damage or injuries claimed.
The notice must be sworn. Vague or incorrect details can cause problems later. If the 90 days pass, you may ask the court for permission to file late, but approval is discretionary and not guaranteed.
Document 3 (Sort Of): The 50-h Examination
When: usually scheduled within weeks or months after the Notice of Claim.
The transit authority has the right to examine you under oath about the accident and your injuries, under General Municipal Law Section 50-h. It is like a deposition: a lawyer for the agency asks questions, a court reporter records your answers, and your lawyer attends. The agency may also require a physical examination by its doctor. You generally cannot file your lawsuit until you have complied with a properly demanded 50-h examination.
Preparation matters. Your answers will be compared with your Notice of Claim, medical records and later testimony.
Document 4: The Summons and Complaint
Due: generally within one year and 90 days of the accident, and at least 30 days after the Notice of Claim was served (unless the agency has refused to adjust the claim sooner).
This formally starts the lawsuit in court, typically Queens County Supreme Court for Rego Park accidents. Notice the deadline: about 15 months, much shorter than the three years for most injury cases.
Supporting Documents You Should Gather
- Medical records from your first visit forward.
- Bus details: route number, direction, approximate time, bus number (displayed inside and outside the bus), and the stop.
- MetroCard or OMNY record, which can prove you were on the bus.
- Photos of the scene, your injuries and any hazard inside the bus.
- Witness information from other passengers or bystanders.
- Police report, if police responded (the 112th Precinct covers Rego Park).
- Wage records for missed work.
Common Rego Park Bus Accidents
- Sudden stops and jerks. Passengers standing or moving toward a seat are thrown. New York courts require that a stop be “unusual and violent,” beyond the normal jerks of bus travel, to establish liability for passenger falls, which makes witness testimony and video especially important.
- Boarding and alighting injuries, when a bus pulls away while a passenger is stepping on or off, or stops too far from the curb.
- Kneeling and ramp malfunctions affecting seniors and riders with disabilities.
- Collisions with cars and trucks on Queens Boulevard and Woodhaven Boulevard.
- Pedestrians struck by turning buses at intersections.
Bus Cameras and Data
Many MTA buses have cameras inside and out, and buses carry GPS location systems. Footage and data can be preserved, but only for a limited time. A lawyer can send a preservation demand to the transit authority immediately.
The Serious Injury Question
Whether New York’s no-fault serious injury threshold applies to a bus passenger’s claim depends on how no-fault applies to the specific situation, another reason to get advice. In many bus passenger cases, because buses are outside the no-fault definition of motor vehicle, the threshold may not apply in the usual way. A lawyer will analyze this for your case.
Comparative Fault
New York’s pure comparative negligence rule applies to transit claims: if the agency argues you were partly responsible, for example not holding a pole, your recovery is reduced rather than barred.
Timeline Summary
| Step | Deadline |
|---|---|
| No-fault application (where applicable) | 30 days |
| Notice of Claim | 90 days |
| 50-h examination | When demanded |
| Lawsuit | 1 year and 90 days |
| Wrongful death claim | 2 years from death, with notice requirements |
For MTA customer information, see MTA.info. The statute governing notices of claim is GML Section 50-e.
Let Us Handle the Paperwork
Mushiyev Law prepares and serves Notices of Claim, attends 50-h hearings with clients, and files suit on time. We handle MTA bus cases throughout Queens. There is no attorney fee unless we recover money for you. Visit our home page or contact us.
Directions From Rego Park to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From the Rego Park library, take the Van Wyck south to the Belt Parkway east and the Cross Island Parkway to Rosedale. By transit, take the E or F to Jamaica and the LIRR or Q5 bus toward Rosedale.
Seniors and Bus Injuries in Rego Park
Rego Park has a large population of older adults, many living in the co-ops and apartment buildings along 63rd Drive, 99th Street and Queens Boulevard. For them, buses are essential, and bus injuries can be especially serious. A fall caused by a sudden lurch can fracture a hip or wrist. A driver who pulls away before a senior is seated, or who fails to kneel the bus for someone using a walker, creates real danger.
MTA operators are trained to wait for passengers to be seated or secure when possible, and to use the kneeling feature and ramp for riders who need them. Under the Americans with Disabilities Act, transit agencies must provide accessible service. When those practices are not followed and someone is hurt, the claim may involve both negligence and accessibility issues. Medicare and Medicaid liens are common in senior clients’ cases and must be addressed in any settlement.
If You Were Hit by a Bus as a Pedestrian or Driver
Bus crashes are not only about passengers. Pedestrians struck by turning buses at intersections along Queens Boulevard and Woodhaven Boulevard suffer severe injuries, and drivers of cars hit by buses can be seriously hurt. These claims also require a Notice of Claim within 90 days if the bus belongs to the MTA. The no-fault analysis differs for people outside the bus: a driver typically claims no-fault under their own policy, while a pedestrian may claim under a household policy or another applicable policy. The same short lawsuit deadline of one year and 90 days generally applies.
Private and Charter Buses
Not every bus in Rego Park is an MTA bus. Private coach buses, school buses, shuttle buses for hospitals and senior centers, and tour buses also travel through the neighborhood. Claims against private bus companies do not require a Notice of Claim and generally have the standard three-year statute of limitations, although interstate carriers are subject to federal safety regulations and insurance requirements. Identifying who owns and operates the bus is the first step.
What a Bus Claim Can Recover
A successful bus injury claim can include medical expenses not covered by other insurance, past and future lost earnings, pain and suffering, and loss of enjoyment of life. Because many bus passenger claims fall outside the ordinary no-fault framework, the economic losses may be recovered directly from the transit authority as part of the claim. Keep every bill and receipt from the start.
Frequently Asked Questions
How long do I have to file a claim after an MTA bus accident in Rego Park?
You generally must serve a Notice of Claim within 90 days and file a lawsuit within one year and 90 days of the accident.
What is a 50-h hearing?
It is an examination under oath where the transit authority’s lawyer questions you about the accident and your injuries before you can sue. Your lawyer attends with you.
Does no-fault cover me as a bus passenger?
Often not through the bus itself, because buses are generally excluded from the no-fault definition of motor vehicle. You may have no-fault through a household auto policy. Have a lawyer review your coverage.
Can I sue if the bus stopped suddenly and I fell?
Possibly. New York requires the stop to be unusual and violent, beyond normal bus movement. Witness accounts and bus video are key.
How much does a bus accident lawyer in Rego Park cost?
Mushiyev Law works on contingency: no attorney fee unless we recover money for you.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.