Brooklyn Public Transportation Accident Attorney
Injuries involving MTA/New York City Transit Authority (NYCTA) buses can be a headache for a number of reasons. First, the MTA and New York City Transit Authority are self-insured. This means if you’ve been hit by a bus or injured on one due to a sudden stop or negligence on the part of the bus driver, you’ll have to deal directly with the MTA/Transit Authority rather than an insurer. While it’s true that buses are required to carry No-Fault insurance, this typically covers medical expenses and lost wages. However, in the case of MTA buses, the Transit Authority only covers up to $50,000 in compensation under its No-Fault coverage – regardless of the scope of your injuries.
Injured in a MTA bus accident? In order to sue the MTA or NYCTA, you must first file a written notice of claim within 90 days of your accident with the MTA or NYCTA. You must file a Notice of Claim with the Transit Authority within 90 days or your accident. If you fail to file a timely notice of claim and you fail to obtain judicial permission to file a late notice of claim, you can’t bring a lawsuit against the MTA or NYCTA – regardless of whether or not you have grounds for a lawsuit. You should consult an attorney to calculate the proper filing deadlines and method of filing.
Most importantly, however, no-fault insurance does not cover non-economic losses such as pain and suffering, wrongful death, or loss of employment.
The MTA’s No-Fault Coverage and Compensation for Your Injuries
So, how does the MTA’s No-Fault coverage work? Well, let’s say you fell and broke your arm on an MTA bus when the bus driver pulled away from the curb too early while you were trying to step down to the sidewalk. If you own a car and have no-fault coverage as part of your insurance coverage, you’ll need to file a claim with your insurer. If, however, you don’t have no-fault coverage as part of a car insurance policy, you must file a no-fault claim with the New York City Transit Authority.
Coverage under the MTA’s No-Fault Insurance
What happens, then, if you’re injured by a MTA bus? Within 45 days of any medical treatment you receive for your injuries, either you or your medical provider must file a claim with the Transit Authority. If you suffer a loss of income due to your injuries, a claim must be filed within 30 days (not 90) 90 days of your accident. However, the maximum amount of compensation for loss income is $2,000 a month for a period not to exceed three years from the date of the accident. The amount recovered here is subject to deductions that are intended to take taxes into account. Last, you are also eligible to receive up to $25.00 a day for one year to cover various expenses related to your injuries.
The Importance of Working with a Bus Accident Attorney
There are a number of other issues that must be considered in accidents and injuries involving MTA buses. For one thing, the MTA has a team of its own investigators tasked with the responsibility of investigating accidents. Who’ll act as your advocate during this process? Is there any guarantee that MTA investigators will be objective? Will they interview all relevant witnesses? Will they conduct drug or alcohol tests on the driver? Will they thoroughly inspect the bus?
Working with an experienced bus accident attorney who understands the law and how the MTA works is essential. To protect your interests and rights, contact Brooklyn MTA bus accident attorney Kenneth A. Pryor today to schedule an appointment to discuss your case.
The Pryor Law Firm operates offices in Brooklyn, Manhattan and Nassau County, operates exclusively on a contingency fee basis (meaning you pay no fee unless we recover compensation for you) and can visit you or your loved one at home or at a hospital if travel is difficult. To contact us for help following a nursing home accident, call 718-773-1700 in Brooklyn, 212-222-8444 in Manhattan or 516-741-8100 in Nassau County.