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07/27/2010 08:00 PM

NY1 For You: Brooklyn Man Claims MTA Used Technicality To Avoid Payment For Car Damage

By: Susan Jhun

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After a city bus hit a Brooklyn man's car in Times Square, the Metropolitan Transportation Authority added insult to injury by rejecting his claim to pay for the damages. NY1's Susan Jhun filed the following report.

Brooklyn resident Avraham Cohen says his car did not have a chance when it was hit by an Metropolitan Transportation Authority bus in Times Square, resulting in $3,800 worth of damage.

"It was apparent to everybody that it was the bus’s fault, and the police report reflected that as well," says Cohen. "The police report said the bus was coming out of his lane and sideswiped my car."

Cohen claims an MTA supervisor came to the scene, acknowledged the accident was caused by the bus and gave him a number to call to start the claims process.

After calling the MTA, Cohen says he got a voicemail asking him to leave his information and wait 10 days for paperwork to be sent to him. Cohen says 10 days turned into a month, as the clock was ticking down on his 90-day deadline to file his paperwork.

"I had basically a month left to put all this paperwork together, get an estimate, get it notarized, send it to them and whatever," says Cohen. "And at my office I have FedEx, so I sent it overnight, I got it to them within two days of the deadline. And I got a letter back from them in a couple of days saying, 'Sorry, you didn’t send it to us via registered or certified mail, therefore we’re disallowing your claim.'"

Cohen resent the information through registered and certified mail, but got another letter stating the claim was now disallowed because it was past the due date.

NY1 reached out to the MTA and a spokesman said the agency is clear in requiring service be by certified or registered mail. He also said even though the 90 days had elapsed, Cohen was afforded an additional 10 days after receipt of the rejection letter to serve the agency properly.

Cohen says that does not equal the month-long delay it took to receive the paperwork in the first place. He also says he cannot believe a technicality will prevent the MTA from paying him the money it owes.

"If I had hit their vehicle, they would have found me and come after me with everything they had, and they would have gotten their money," says Cohen. "I just want them to pay for what they did."

NY1 will continue to follow this story.

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