How Long Do I Have to File My Claim against the Bus Company?In California you only have 6 months to file a claim for damages. A claim for damages is different than a lawsuit. You first file a claim with the transit authority i.e. MTA. This can be done by filing the accident form on their website. Before preparing this document make sure to consult with an attorney. You should be clear and concise, but be cautious as to how you word your statements. Many times these statements can be used against you in order to deny or limit your claim for recovery. After you file your claim with the transit authority responsible for your injuries, you will have 2 years from the date of the accident to file a lawsuit. A lawsuit will be filed if the MTA does not properly work to address your claims. It is our experience that these types of claims will generally be resolved when a lawsuit if filed. If you are considering whether to contact an attorney, make sure that they are aware of the 6 month statutory requirement for filing a claim with the transit authority or MTA. If a claim is not filed in that time period you may lose your right to file suit. For more information on Bus Accidents see here.
What Happens If I Miss the Statute?This is not a good sign. In certain cases you can appeal that statute of limitations if there is good cause. In some cases the party seeking to bring a claim was really injured. The injury, if serious can act to toll the statute. However, if you missed the statute for no good reason then you will likely not be able to pursue a claim for injuries. In certain situations your attorney may not have been aware of the 6 month statute. In such cases you should speak with them in order to understand the full extent of the facts. Even if the statutory period has expired you should still try and file a claim if you have serious injuries. While this may limit or bar you recovery it is still worth a try in order to possibly appeal the case. Things to Remember Here are few things you should remember if you were involved in a bus accident, consider it your guide to dealing with a bus accident.
- Seek medical treatment for your injuries. Make sure you understand the full extent of your injuries.
- Contact an attorney if you have questions regarding the filing of your claim.
- File a claim with the transit authority within 6 months from the date of the accident.
- Do not make any statements that are recorded. Insist that all statements be written or any verbal statements not be recorded.
- Make sure to file your claim even if you were not a passenger on the bus i.e. pedestrian or vehicle that was involved in a car accident with a bus.
- Heal. Take time and heal from you injuries. We know this can be a stressful period, therefore you should take time and heal properly.
- If no resolution is offered for your injuries, file a lawsuit for your injuries.