When a bus accident involves a government-operated transit system, you cannot simply file a lawsuit. You must first submit a formal notice of claim to the government agency within a strict deadline. Failing to comply with these notice requirements—even by a single day—can permanently bar your right to compensation.

Why Notice Requirements Exist

Notice of claim requirements give government entities an opportunity to investigate incidents promptly while evidence is fresh, evaluate the merits of claims, and potentially settle valid claims without litigation. These requirements also help governments budget for potential liabilities and prevent stale claims from arising years after incidents.

While the policy justifications may be reasonable, the practical effect is to create a trap for injured passengers who don't act quickly. Many people don't realize they're dealing with a government entity until it's too late.

Strict Deadlines

Notice deadlines vary by jurisdiction but are always short compared to standard statutes of limitations. Common deadlines range from 30 days to 6 months after the accident. Some jurisdictions impose different deadlines depending on the type of government entity—cities, counties, state agencies, and special districts may each have their own requirements.

Examples of notice deadlines include:

  • California: 6 months for claims against state agencies, cities, and counties
  • New York: 90 days for claims against municipalities, transit authorities
  • Florida: 3 years pre-suit notice, but 4-year statute of limitations
  • Texas: 6 months for most government entities

Always verify the specific deadline for your jurisdiction and the particular government entity involved. Don't assume based on general rules.

Required Contents

Notices of claim must include specific information prescribed by statute. Missing required elements can result in rejection of your notice. Typical requirements include:

  • Your name, address, and contact information
  • The date, time, and location of the incident
  • A description of what happened and how the government was negligent
  • The nature and extent of your injuries
  • Names of government employees involved (if known)
  • A specific monetary amount claimed
  • Your signature (sometimes notarization required)

The monetary demand can be challenging to determine early after an accident when the full extent of injuries is unknown. Some jurisdictions allow amendments; others do not. Consult an attorney to determine the appropriate amount to claim.

Proper Service

Notices must be delivered to the correct government office through the proper method. Serving the wrong agency or using improper delivery methods can invalidate your notice. Requirements typically specify:

  • Which office or official must receive the notice
  • Whether personal delivery, certified mail, or other methods are acceptable
  • Whether proof of service must be retained

For transit authorities, notices may need to go to the authority's claims department, the city attorney's office, the risk management department, or a specific designated official. Research requirements carefully or have an attorney handle service.

What Happens After Filing

After receiving your notice, the government has a specified period to investigate and respond. This period typically ranges from 30 to 90 days. The government may approve your claim and offer settlement, deny the claim entirely, or simply not respond within the deadline.

If your claim is denied or the government doesn't respond within the statutory period, you can proceed with a lawsuit. The lawsuit must then be filed within the applicable statute of limitations, which is often shorter for government claims than for claims against private parties.

Consequences of Missing Deadlines

Failing to file a timely, proper notice typically results in permanent dismissal of your claim. Courts strictly enforce these deadlines with limited exceptions. You generally cannot claim ignorance of the requirement, and being physically unable to file due to injuries usually doesn't excuse late notice unless you can show total incapacity.

Some jurisdictions allow late filing if you can demonstrate excusable neglect, minority or incapacity, or that the government was not prejudiced by the delay. These exceptions are narrowly construed and difficult to establish.

Protecting Your Rights

Contact an attorney immediately after any bus accident involving a public transit system. Even if you're unsure whether the bus was government-operated, assume it was and act quickly. An experienced attorney can identify the responsible entity, determine applicable deadlines, prepare a proper notice, ensure correct service, and preserve your right to pursue full compensation.