Steps for Filing a Notice of Claim After a New York City Traffic Accident

If you were involved in a crash with a city-owned vehicle or harmed by a dangerous road condition in New York City, your path to seeking compensation differs from a standard accident case. You are required to follow specific procedures to inform the government of your intent to hold them accountable for your injuries. Failing to follow these requirements within the allowed timeframe can permanently block your ability to pursue a lawsuit. Because municipal claims are subject to different rules than private claims, understanding the process is vital for anyone seeking recovery.

Checklist for Filing a Notice of Claim

1. Confirm which agency to notify. You must determine if the vehicle was owned by the city, which requires serving the Comptroller’s Office, or if it was a public authority like the MTA, which requires serving that specific entity directly. If you serve the wrong office, it can cause the same difficulties as missing the deadline entirely, so you must identify the correct party.
2. Write the notice with precise details. Under New York General Municipal Law § 50-e(2), you must document your name and address, the nature of the claim, the time and location of the crash, and the specific injuries you suffered. A document that lacks necessary facts or is overly vague gives the public entity grounds to contest your filing later.
3. Respect the 90-day deadline. You have 90 calendar days from the date the accident occurred to serve the notice, and this period includes weekends and holidays. The clock begins the day of the incident, regardless of your medical status or whether you are still waiting for police reports or other documentation to be released.
4. Include a complete list of injuries. Do not list only one injury if you have several, as vague or incomplete descriptions of your physical condition can allow the government to challenge your claim later. It is helpful to be as thorough as possible regarding your medical situation at the time of the filing.
5. Select a lawful method of delivery. You can submit the document through the Comptroller's eClaim system, deliver it by hand to the office, or send it via registered or certified mail. The office does not accept submissions via email, so ensure you use one of the approved, formal methods to avoid rejection.
6. Save documentation of your service. If you use the eClaim system, keep the confirmation notice; if you use mail, retain your receipts and the return card as proof that the agency received the document. You will need this evidence to demonstrate that you complied with the law if your service is ever questioned.
7. Prepare for potential questions. Be aware that under General Municipal Law § 50-h, the agency might require you to attend a recorded session to answer questions about the incident and your injuries. Participating in this oral examination is often a necessary step before a lawsuit can proceed.
8. Note the separate lawsuit deadline. Remember that filing this notice does not stop the clock on your lawsuit, which typically must be started within one year and 90 days from the date of the crash. Meeting the notice requirement is only the first step; you must also commence your legal action within the subsequent statutory period.

Following these steps correctly is essential to preserving your legal rights after a municipal accident. For the full detail, including exceptions and further requirements, see the original article.

About the author

Keetick L. Sanchez, Esq. handles administrative, civil, and criminal proceedings for clients across New York City. Before and while in law school she worked as a trial litigation paralegal on personal injury actions including Labor Law 240, 241(6) and 241, motor vehicle accidents and slip & fall accidents. She is admitted to practice law in all boroughs of New York City and in the State of Texas.

Where to find us

K L Sanchez Law Office is at 37-06 82nd St #304, Jackson Heights, NY 11372, and the phone is (646) 701-7990. Consultations are free.

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