Notice of Claim Rules When NYC Is Involved in Bronx Truck Crashes

Understand the Legal Requirements When NYC Is the Defendant

Getting hit by a truck is traumatic enough. But when that truck belongs to a city agency like the Department of Sanitation or the MTA, your legal path looks different. You do not just file a lawsuit right away, you have to file a special legal document first. That document is called a Notice of Claim.

If you do not file this form the right way and on time, you may lose your right to sue entirely. Bronx residents injured in government vehicle crashes often miss these steps, not realizing how strict the rules are.

At Horn Wright, LLP, our Bronx truck accident lawyers help people manage the Notice of Claim process from day one. If your accident involved a city-operated truck on streets like East Tremont Avenue or near the Grand Concourse, we know how to investigate, file, and protect your rights quickly. 

Start With When the City of New York Is Involved in Truck Crashes

City trucks operate across the Bronx every day. 

Many serve essential functions, like garbage collection, public transportation, and street maintenance. But when they cause crashes, you deal with more than just a driver and an insurance adjuster. You are facing a city department, and that changes everything.

Examples of vehicles that trigger Notice of Claim requirements include Department of Sanitation garbage trucks, NYPD police vans, FDNY emergency trucks, NYC Department of Transportation vehicles, and MTA buses operated by New York City Transit.

If the vehicle that caused your injury is owned or operated by one of these public entities, your case is subject to special pre-suit notice rules. That is not something most people expect after a collision. 

But in New York, the law is clear. Public entities must be given formal notice before a lawsuit is allowed.

Define the Purpose of a Notice of Claim in NYC Cases

A Notice of Claim is a legal requirement. It gives the City or relevant agency early notice that someone is making a legal claim for injuries. It lets them investigate, preserve records, and potentially resolve the issue before litigation begins.

The Notice of Claim is a condition you must meet before you can file a personal injury lawsuit against any municipal agency. If you skip this step or file it incorrectly, your lawsuit will be dismissed. This holds true regardless of how severe your injuries are or how clearly the city truck caused the crash.

Public agencies are treated differently under the law. They are entitled to this early warning process. Injured people in the Bronx must follow these rules exactly in order to keep their cases alive.

Explain the 90-Day Filing Deadline for Notice of Claim

If you were hurt in a crash involving a city-owned truck, you have only 90 days from the date of the accident to file your Notice of Claim. This deadline is enforced by courts across New York.

After 90 days, your chance to sue is usually gone. Exceptions exist only in rare circumstances, such as mental incapacity. If the injured person is a child, the rules allow slightly more time. Still, most people should not expect extra leeway.

Victims recovering at NYC Health + Hospitals/Jacobi or undergoing physical therapy often do not know the full picture within those first few weeks. That is why working with a lawyer early helps. We act fast to identify the city agency and file the notice on time.

Break Down Who the Notice of Claim Must Be Filed Against

You cannot send the form to the wrong department and hope it counts. The Notice of Claim must go to the right public agency, based on which one controlled the vehicle.

For instance, if your injury was caused by a sanitation truck, the claim must go to the NYC Department of Sanitation. If it was an MTA bus, the notice must be filed with the Metropolitan Transportation Authority. If the vehicle was part of the NYPD, the claim must be submitted to the NYC Comptroller’s Office.

Sometimes, more than one agency is involved. Crashes near areas like Fordham Plaza may involve MTA buses operating on city-owned roads, which could mean filing notices with both agencies.

Describe What Information Goes Into the Notice of Claim

The Notice of Claim must contain key details. Incomplete or vague notices risk dismissal.

You must include your full name and address, the date, time, and precise location of the accident, a description of what occurred, an explanation of your injuries, and a statement of the damages you are claiming. This is not optional.

If your information is too vague or if the agency cannot investigate the event based on what you provide, your future lawsuit is at risk. Clear, honest, and timely detail gives your case the best chance of proceeding. 

A lawyer can assist with gathering and organizing this information correctly.

Cover the City’s 30-Day Right to a Pre-Suit Hearing

After you file the Notice of Claim, the City or other agency may request a hearing within 30 days. This hearing is called a 50-h hearing, and it is similar to a deposition.

During the hearing, you must answer questions under oath about how the accident happened, what injuries you suffered, and other background details. These hearings are recorded and may be used against you later, which is why attending with legal counsel is crucial.

The hearing may take place in a city office or virtually. You cannot skip it. If the agency calls for a hearing and you do not attend, your claim could be dismissed. Legal guidance ensures you are prepared and protected throughout this process.

Clarify the One Year and 90 Days Total Deadline to Sue

The Notice of Claim gives the City advance warning, but your next step is a formal lawsuit. You must file your lawsuit within one year and 90 days from the date of the accident.

That time includes the first 90 days, so it is not a reset. You cannot wait another year and 90 days after the notice. Once that full period ends, your right to sue is gone.

Tracking this timeline is one of the most important roles your attorney will take on. They make sure that once the notice is filed, the legal action is prepared, documented, and submitted within the full legal timeframe. 

Waiting too long can leave your case with no path forward.

Warn About Mistakes That Can Get Claims Thrown Out

Small errors can wipe out an otherwise strong case. 

Some of the most common mistakes Bronx residents make include missing the deadline, sending the notice to the wrong department, leaving out key details, or not signing the form.

Another frequent issue is failing to attend a scheduled 50-h hearing. The court sees this as non-compliance, even if your claim is otherwise valid. Once dismissed, these cases are difficult or impossible to reopen.

Having a Bronx truck accident lawyer handle these steps lowers your risk of procedural mistakes. Your attorney can help verify ownership of the vehicle, prepare the notice in full, and track hearing deadlines. 

Legal help prevents small issues from becoming case-ending problems.

Reassure the Reader That Legal Help Makes It Easier

A city vehicle crash can feel overwhelming. But legal help simplifies the process. When our firm steps in, we identify the correct agency, prepare a complete Notice of Claim, and ensure it is filed properly and on time.

We also prepare you for the 50-h hearing and track the final deadline for filing your lawsuit. This lets you concentrate on your physical and emotional recovery without worrying about whether a deadline might be missed.

At Horn Wright, LLP, we understand Bronx streets, city agency procedures, and how to hold the right entities accountable. From Castle Hill to Riverdale, we have helped Bronx residents stand up to city agencies and move forward with confidence.

Your Right to Sue the City Starts With the Right Notice

City-run vehicles are part of daily life in the Bronx, but when they cause harm, the rules shift. The Notice of Claim process is strict, the timelines are short, and mistakes have serious consequences. But with legal help, you do not have to figure it out alone.

If you were hit by a garbage truck, MTA bus, or another municipal vehicle, our legal team at Horn Wright, LLP, will file your Notice of Claim correctly and on time. We will help you stay ahead of every deadline and make sure your voice is heard.