Bus Accidents
The last thing you’re thinking about when you board a bus is that you’ll suffer a personal injury because of a bus accident. The White Plains bus accident attorneys at Worby Vecchio Edelman handle many such cases. However, there are important time limitations involved that you should know about if that bus is involved in an accident.
The first thing you’re going to think about is who will pay the medical bills sustained as a result of the bus accident? The answer to this question depends upon whether you or a relative in your household owns a vehicle. If the answer is “yes”, then that carrier will pay your medical bills, under No Fault Insurance. If the answer is “no”, then the bus company or its insurance carrier is responsible. Either way, the claim for No Fault Insurance has to be filed within thirty (30) days of the date of accident.
If you are a passenger on a New York City Transit Authority bus – or a pedestrian struck by a New York City Transit Authority bus – the above rules still apply. In addition, if your injury is serious enough to merit a lawsuit for pain and suffering and other available damages, a Notice of Claim must be filed within ninety (90) days of the date of accident. A failure to file a Notice of Claim within that time period could preclude your ability to file the lawsuit for your injuries.
The Westchester Bee Line bus system is owned by Westchester County – which means that in order to bring a lawsuit against the Bee Line system, a Notice of Claim must be filed within ninety (90) days of the date of accident. A claim for No Fault benefits must also be filed within thirty (30) days. The question of who pays the No Fault claim remains dependent upon whether you or a relative with whom you reside owns a vehicle.
Some Westchester County School Districts own the school buses used to transport children; if a District does own a bus, the above ninety (90) day Notice of Claim rules apply. If not, a lawsuit can be filed directly against the bus company, assuming that the injury is sufficiently serious. The No Fault rules remain the same under either scenario.
Injuries which result from an accident that occurs on an interstate bus trip are also covered by a passenger’s own No Fault policy, if the passenger or someone with whom he or she resides owns a vehicle. If not, the question of whether there is No Fault coverage will depend upon where the accident occurred, and whether that State is a No Fault State or not.
Of course, you can also suffer an accident involving a bus while you’re a passenger in or the operator of another vehicle. In that case, your medical bills will be paid by the No Fault carrier for the vehicle which you are operating, or in which you were a passenger. If the bus is municipally owned, you will still have to file a Notice of Claim within ninety (90) days in order to commence a lawsuit for personal injuries.
Questions on insurance coverage, and whether a particular bus might be municipally owned and has a Notice of Claim requirement can be very complex. A failure to comply with filing requirements can result in a denial of your claim before it is even filed. Contact the White Plains bus accident lawyers at Worby Vecchio Edelman if you or someone you know has been injured in any accident involving a bus. We’ll take all of your information, and offer quick advice on how to get your medical bills paid, and any next steps to take in the process.
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Sister Cindy Mahoney
Worby Vecchio Edelman, LLP
White Plains Office
11 Martine Ave, Penthouse
White Plains,
NY
10606
(914) 686-3700
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