Short summary: If a car crashes into the store or restaurant you're in, you are generally treated like any other crash victim, not a bystander with no claim. New York's no-fault rules and the driver's own liability coverage can both come into play, and the clock on some of those claims starts the day of the crash.
Thursday afternoon in Howard Beach, Queens started out ordinary. A man sat down for lunch at New Park Pizza on Cross Bay Boulevard.
Around 1 p.m., police say a 68-year-old woman pulled into a parking spot outside, hit the gas instead of the brake, and drove her SUV straight through the wall and into the dining room.
What happened at the pizzeria
The man at the table, 73 years old, was hurt. So was the driver.
Both were taken to Brookdale Hospital Medical Center. Police listed their injuries as non-life-threatening and said they were in stable condition.
NYPD's Emergency Service Unit had to pull the SUV back out of the building. City inspectors checked the structure afterward and issued a vacate order, so the pizzeria stays closed until repairs are made and it passes inspection.
Investigators have not yet said whether the driver will face any charges.
Why this isn't just "bad luck" if it happens to you
A lot of people assume that if you get hurt sitting inside a building, you don't have a real car accident case. That's not generally true.
You were hurt by a moving vehicle. That generally puts you in the same position as someone hit on the sidewalk or in a crosswalk.
- New York's no-fault insurance is meant to cover your medical bills fast, regardless of who caused the crash.
- If your injuries are serious enough, you may also have a case against the driver's liability policy.
- If you were a customer, not the driver, you generally have far fewer obstacles to a claim than the person behind the wheel does.
What to do if you're ever hurt this way
Get checked out, even if you feel fine in the moment. Adrenaline hides a lot, and physical therapy notes early on can matter later.
Write down what you remember: where you were sitting, what you heard before impact, who else was hurt. Ask for the responding officers' names and the report number.
Our guide on what to do after a car accident in New York walks through the first 48 hours in more detail, and it applies whether you were driving, walking, or just having lunch.
What about the pizzeria itself?
The restaurant has its own losses here too: a wrecked dining room, a vacate order, and lost business while it rebuilds. That side of things generally runs through the driver's insurance and the building's own coverage, separate from a customer's injury claim.
As a customer, you generally don't need to sort any of that out yourself. Your claim is about what happened to you.
Questions New Yorkers ask us
Can I file a claim if I wasn't driving or even outside?
Generally, yes. If you were hurt because a vehicle struck the building you were in, you're treated as a crash victim for insurance purposes, not differently just because you were indoors.
What if the driver says it was an accident, not carelessness?
Pedal confusion, a medical issue, or simple distraction can all still support a claim. New York generally doesn't require the driver to have meant to cause harm, only that their driving fell short of what a reasonable driver would do.
How long do I have to file?
Deadlines vary depending on who's involved and what kind of claim you're filing, which is exactly why it helps to get advice now rather than waiting. Our breakdown of the 30-day no-fault deadline covers one of the shortest clocks you'll run into.
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: QNS.
