Short summary: In New York, being legally parked doesn't protect you if a drunk driver plows into your car. You can generally still pursue a full injury claim against that driver, and if their coverage falls short, other options may be available too.
Just after midnight on Thursday, police say a 21-year-old man from Medford was driving south on Wilson Drive in Middle Island when his car slammed into a parked Toyota. Two people were sitting inside that Toyota at the time.
A 44-year-old man from Holtsville was taken to Stony Brook University Hospital with serious injuries. A 27-year-old woman from Middle Island was taken to a nearby hospital with injuries described as non-life-threatening. Suffolk County police charged the driver with Driving While Intoxicated.
You Don't Have to Be Driving to Have a Claim
A lot of people assume a car accident claim only applies if you were behind the wheel or riding in a moving car. That's not how it works. If you're sitting in a legally parked car and someone crashes into you, you're generally entitled to pursue the same kind of claim as if you'd been driving.
A DWI Charge Doesn't Settle Your Civil Case
The criminal case against a drunk driver and your own injury claim are two separate things. A conviction can help your case, but you don't have to wait for one, and a plea deal in criminal court doesn't decide what you're owed. Our guide on what to do when the other driver is uninsured or hard to collect from covers what happens if the driver's coverage won't pay the full cost.
What To Do If You're Hit While Parked
- Call 911 even if you think you're not hurt. Adrenaline hides injuries, especially in the first few hours.
- Ask for a copy of the police report, and get the report number before you leave.
- Start physical therapy as soon as a doctor recommends it. Here's why that matters for your recovery and your claim.
- If your car is totaled or unsafe to drive, you may not be stuck without one. Here's how a rental car fits into your claim.
New York's no-fault system also kicks in fast, no matter who caused the crash. This 30-day clock explains what to file and when.
Questions New Yorkers ask us
Can I sue a drunk driver if I was just sitting in a parked car?
Generally, yes. Your legal position doesn't depend on whether your car was moving. What matters is that another driver's negligence caused your injuries.
Does a DWI charge automatically mean I'll win my case?
It helps, but it's not the whole picture. You'll still generally need to document your injuries and losses just like in any other crash claim.
What if my injuries don't feel serious right away?
That's common after a sudden, violent impact. Get checked out anyway, and keep every record. Deadlines vary by situation, which is exactly why it's worth getting advice now instead of waiting to see how you feel.
Not sure where you stand after a crash? Get your free case review or call (347) 526-1246. A real person answers, 24/7.
Reporting: LongIsland.com.
