New York Bus Accident Attorney
New York is blessed with a massive public transportation system which is convenient for getting around the City. Accidents do happen on the subway trains, in subway stations and on busses. In dealing with municipalities and governmental authorities the rules are different and must be followed carefully if you are to prefect your claim.
If you are injured in any facility or by a vehicle owned or operated by the New York City Transit Authority [this includes all subways and most busses] you MUST file a notice of claim within 90 days of the accident or your claim will be denied regardless of merit. It is essential, therefore, that you or a member of your family secure immediate and competent legal counsel as soon after the accident as possible. Call our New York bus accident lawyers toll free at 877.298.3201.
NY City MTA Accident Lawyer - Bus Accidents In Particular
Just as with any other vehicle a bus must have No-Fault Insurance coverage for basic economic loss [medical, lost wages, etc] for passengers injured in an accident. No-Fault Insurance coverage has nothing to do with compensating the injured person for pain and suffering which is covered under the liability insurance coverage for the vehicle. The New York City Transit Authority is self insured with regard to both liability and no-fault coverage. All that this means is that there is no insurance company to deal with, you deal directly with the Transit Authority. Here is how No-Fault works. When you are injured as a passenger on a bus, if you or a member of your household with whom you reside own a motor vehicle which is covered by no-fault, you will file a claim with your own insurance company. You file a no-fault claim with the Transit Authority only if you or a family member with whom you reside does not have such coverage. You would also file a no-fault claim with the Transit Authority if you are a pedestrian and are struck by a bus.
The Transit Authority covers up to $50,000.00 in No-Fault benefits, regardless of the severity of the injury, as follows:
- Medical care and related services - These claims must be filed by your medical provider within 45 days of the service being rendered. The medical providers are paid based upon a schedule. You are not required to pay the difference.
- Lost Income - this claim must be filed by you within 90 days of the accident. The maximum loss of income recovery is $2,000 per month for not more than 3 years from the date of the accident. However this is further limited by no requiring the payment of more than 80% of the lost earnings [taking into effect the taxes that would have been deducted if you received your salary]. These payments are not otherwise subject to income tax; Other reasonable and necessary expenses - These are limited to $25.00 per day for up to one year. These will include the hiring of a housekeeper, lawn service, and other expenses incurred as a result of your injury. Death benefits - $2,000.00
Please remember that No-Fault Insurance coverage does not cover the non-economic losses such as pain, suffering, mental anguish, loss of enjoyment of life or wrongful death. These will be covered in a lawsuit, assuming that your injuries reach the required threshold of "serious injury" as defined by statute.
Some good rules to follow after a NYC bus accident:
- It makes good sense to jot down the name of the driver and the bus number if involved in an accident;
- Demand that the police and an ambulance be called to the scene of the accident and do not leave the scene without talking to the police, unless the ambulance responds first and transports you to the hospital;
- Ask the police for their name, badge number and police precinct;
- Ask the police to give you written information as to how to secure a copy of the police report and when it will become available to you;
- Try and get the name, address and phone number or e-mail of any witnesses to the accident. The Transit Authority have quick response teams stationed throughout the City who respond to bus accidents and get the names and addresses of witnesses and statements from these witnesses immediately and at the scene of the accident. These will not available to you until after you start the lawsuit which may be sometime down the road and by that time witnesses' memories and interest fade.
Once again, a Notice of Claim must be filed with the Transit Authority within 90 days of the accident. If it is not filed, you cannot bring a lawsuit regardless of the merits of your case. It is essential that you or a member of your family contact us immediately so that your rights are protected. Call us toll free at 877.298.3201.
The New York City bus accident attorneys of Tolmage, Peskin, Harris & Falick represents clients in all five boroughs of New York: Manhattan, Staten Island, Queens, Brooklyn and the Bronx, as well as Suffolk County, Nassau County, Westchester County, Rockland County, and the remainder of the State of New York.