The 90-Day Rule: The First and Most Important Deadline for Your NJ Transit Bus Accident Claim
If you were injured in an accident involving an NJ Transit bus, you have just 90 days from the date of the incident to file a formal Notice of Claim with the State of New Jersey.
This is not a lawsuit yet—it is a mandatory, preliminary step required by the New Jersey Tort Claims Act. Failing to meet this deadline will almost certainly mean you lose your right to pursue any compensation for your injuries, no matter how severe they are.
If you have a question about an injury you sustained on an NJ Transit bus, call us. We will explain what this 90-day deadline means for you.
Call (201) 585-9111.
Key Takeaways for NJ Transit Bus Accident Claims
- The 90-day deadline is absolute. Missing this window to file a Notice of Claim with the state government almost always results in a permanent bar to recovering any compensation for your injuries.
- A Notice of Claim is a formal legal document. It requires specific details about the incident, your injuries, and potential damages; a simple phone call or informal complaint does not satisfy the legal requirement.
- Mistakes or omissions on the form jeopardize your case. Failing to properly describe the government’s negligence or the full extent of your potential injuries may limit what you are able to recover later.
Why Does This 90-Day Rule Even Exist? Understanding the Tort Claims Act
Suing the Government Is Different
A long-standing legal principle called sovereign immunity gives government bodies, like NJ Transit, protection from most lawsuits. This concept was inherited from English common law, based on the idea that the “king can do no wrong.” In modern times, it means you are unable to sue a state or federal government entity without its permission.
The New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.) is the government’s permission slip. It outlines the very specific circumstances under which you are allowed to bring a claim against them.
Think of it like a special rebate form with a very short expiration date. If you don’t fill it out perfectly and submit it on time, you will not get the rebate, even if you are entitled to it.
How the Act Puts You at a Disadvantage
The 90-day rule gives the government an early warning. It allows them to investigate the claim, gather evidence, and assess their potential liability long before a lawsuit is ever filed. This requires you, the injured person, to take formal action while you are likely still recovering from your injuries and dealing with medical appointments.
Meeting the Government on Its Own Terms
The purpose of the Notice of Claim is not to prove your entire case. Its purpose is to preserve your right to make a case later. It informs the government of your intent to seek damages for an injury or loss.
Our role at Maggiano, DiGirolamo & Lizzi, P.C. is to ensure your notice is filed correctly and on time, satisfying the government’s strict requirements. We handle the paperwork so you are able to focus on your recovery.
What Exactly Is a “Notice of Claim”? Breaking Down the Requirements
A Notice of Claim Is a Formal Legal Document
A Notice of Claim is a specific legal document, not an informal complaint letter or a phone call. It must be filed with the correct state agency.
For NJ Transit, this is typically the State of New Jersey’s Department of the Treasury, Risk Management. You are not able to simply call the NJ Transit customer service line and assume you have reported your claim in the legally required manner.
- Don’t: Assume a phone call or a conversation with a bus driver is enough.
- Do: Ensure a formal, written Notice of Claim form is completed and delivered to the correct address as specified by law.
What Information Must Be Included on the Form?
A vague or incomplete notice might be rejected, and if the 90-day window has closed, you may be barred from refiling. We will help you gather and properly state all the necessary details the first time, which typically include:
- Your Personal Information: Your full name and address at the time of the incident.
- The Incident Details: The exact date, time, and location of the bus accident.
- A Factual Description: A clear, concise summary of what happened.
- The Nature of Your Injuries: A description of the injuries you have sustained, even if the full extent is not yet known.
- Names of Public Employees: The name or badge number of the bus driver, if you have it.
- The Amount of Damages: An initial estimate of your monetary damages, including medical bills and lost wages. Calculating this so soon after an accident is challenging, which is one reason legal guidance is so helpful.
The Risk of an Incomplete or Incorrect Notice
Forgetting to describe the full scope of the government’s alleged negligence or understating the extent of your injuries could limit your ability to recover full compensation for those issues later.
For example, if you list a “sore back” but it later develops into a herniated disc requiring surgery, the state might argue that the more severe injury wasn’t included in the original notice. An experienced attorney knows how to phrase the descriptions of your injuries to account for conditions that may worsen over time.
What Happens If I Missed the 90-Day Deadline? Is There Any Hope?
The General Rule: A Permanent Bar
New Jersey courts have repeatedly reinforced that failing to file the notice within 90 days will result in the claim being dismissed, regardless of how severe the injury is.
The Limited Exception: “Extraordinary Circumstances”
The law does allow a person to ask a court for permission to file a late notice, but this is only possible for up to one year after the accident. To get this permission, you must prove two things to a judge:
- Extraordinary Circumstances: You must show a compelling reason for the delay. This is a very high bar to clear. Simply being in pain or not knowing about the 90-day rule is almost never considered an “extraordinary circumstance.” A prolonged coma or a severe, debilitating medical condition that leaves you completely unable to manage your affairs might qualify, but these situations are rare.
- No Substantial Prejudice: You must also show that the delay has not harmed the government’s ability to investigate and defend against the claim. The longer you wait, the harder this becomes to prove, as evidence is lost and witnesses’ memories fade.
Why You Shouldn’t Rely on This Exception
Trying to file a late notice is a difficult, uphill battle that is rarely successful. It requires a separate legal proceeding just to get permission to file your actual claim, and the interpretation of “extraordinary circumstances” is very narrow. The most reliable approach is to act within the initial 90-day window. If you are even a day past the deadline, you should speak with a lawyer immediately to determine if this very narrow exception applies to your situation.
How We Handle the Notice of Claim and Protect Your Case From Day One
From Investigation to Filing
You should not have to manage the 90-day deadline while you are trying to heal. At Maggiano, DiGirolamo & Lizzi, P.C., we take this responsibility off your shoulders.
Here is our process:
- We immediately investigate: While you focus on your health, we get to work gathering the necessary details: the bus number, the route, witness information, and the official accident report.
- We prepare the Notice of Claim: Our team understands the level of detail the state requires. We draft the notice to accurately reflect the facts of the accident and the nature of your injuries, carefully preserving all potential avenues for your claim.
- We ensure proper delivery: We don’t just put a stamp on an envelope. We make sure the form is delivered to the correct government office and that we have documented proof of its receipt, eliminating any doubt that the deadline was met.
What Happens After the Notice Is Filed?
Filing the notice is just the beginning. After the State receives the notice, there is a mandatory waiting period, typically six months, before a lawsuit is filed.
This period gives the state time to conduct its own investigation, review your claim, and potentially offer a settlement. Only after this waiting period has passed, or if your claim is formally denied, are you able to file an actual lawsuit.
The statute of limitations to actually file that lawsuit is generally two years from the date of the accident, but remember: you are unable to proceed at all without having first filed the 90-day notice.
Frequently Asked Questions About the 90-Day NJ Transit Claim Rule
Does the 90-day rule apply if I was a passenger, a pedestrian, or in another car?
Yes. The rule applies to anyone who was injured due to the alleged negligence of an NJ Transit employee or vehicle, regardless of how they were involved in the incident.
What if my injuries seemed minor at first but got worse after 90 days?
This is a key reason to file a notice even if you feel your injuries are not severe. The notice preserves your right to make a claim later if the pain flares up or a more serious condition is diagnosed. You cannot file a notice for an injury that becomes apparent on day 91.
Is the 90-day rule the same as the statute of limitations?
No. The 90-day rule is a “notice requirement.” The statute of limitations is the deadline to file a lawsuit, which is typically two years for personal injury in New Jersey. However, if you fail to meet the 90-day notice requirement, the two-year statute of limitations becomes irrelevant because you will have already lost your right to sue.
Does this rule apply to private bus companies like Coach USA or DeCamp?
No. The Tort Claims Act and its 90-day rule apply only to public entities like NJ Transit. Private bus companies are governed by the standard two-year statute of limitations for personal injury claims in New Jersey.
Can I just download the form and file it myself?
While you technically may, it carries significant risk. Any small mistake, from an incomplete description of your injuries to sending it to the wrong office, could lead to your claim being denied on a technicality. Having a law firm with deep experience in this area handle it ensures it is done correctly.
You Have 90 Days to Act. Let Us Handle the First Step.
While you are trying to piece your life back together, a legal clock is ticking loudly in the background. You may feel that dealing with legal forms is the last thing you have the energy for. That is precisely why we handle the deadlines and the paperwork.
Your focus should be your health. Our focus is protecting your rights.
Call us today for a straightforward conversation about your NJ Transit accident and what we will do to help. The call is free, and there is no obligation.
