Illustrative Complaint Analysis

What this is

The pages below show three annotated excerpts from sample complaints for common New York City car accidents, a note on the general function of each paragraph, and a catalog of other paragraphs that complaints sometimes use.

The same text is published for everyone. There is no questionnaire and nothing to fill in on this guide. It does not ask for your information, does not choose paragraphs for you, and does not review or prepare documents.

What this is not

• It is not legal advice and it is not a lawyer. Reading it does not create a lawyer–client relationship.
• It cannot tell you whether you have a claim, which court to use, whom to sue, or which paragraphs fit your facts.
• It does not cover every rule. Each sample leaves out many situations; see the list at the end of each sample.

How the guide is organized

1. Annotated samples: three full sample complaints, each with a general note beside every paragraph explaining what that kind of paragraph usually does and where the rule comes from.
   • Two vehicles: A stopped car is struck from behind by a car whose driver also owns it. One plaintiff sues one defendant for personal injuries and for the damage to the car.
   • Three or more vehicles: A stopped car at the front of a line is struck in a chain collision involving two cars behind it. One plaintiff sues both other drivers, each of whom owns the car he or she was driving.
   • Pedestrian: A pedestrian crossing in a marked crosswalk is knocked down by a car whose driver also owns it. One plaintiff sues one defendant for personal injuries.
2. Paragraph catalog: other sample paragraphs grouped by topic, each with a general note about the kind of case in which such a paragraph typically appears.
3. Downloads: the same material as a printable booklet, and each sample complaint as a Word file.

Words in [brackets] are blanks. They describe the kind of information that usually goes in that spot. Citations to laws and court rules link to free official copies. Where this site has an evidence record for a statute, with quoted passages and the rules drawn from it, an Evidence link follows.

Changes to the law in 2026

The state budget signed in May 2026 changed several rules for car accident lawsuits. The changes apply to cases started on or after May 26, 2026, and the notes in this guide describe the rules for those cases.

• A plaintiff in a car accident injury case covered by the no-fault law cannot recover if the plaintiff's share of fault is greater than the combined share of the defendants (CPLR 1411(b) Evidence). Before, the award was only reduced by the plaintiff's share of fault.
• An injury that kept a person from usual activities for 90 of the first 180 days is no longer a separate category of "serious injury" (Insurance Law § 5102(d) Evidence), and the jury decides fault before deciding whether an injury is serious (Insurance Law § 5104(a) Evidence).
• Pain-and-suffering damages are capped at $100,000 for an at-fault plaintiff who was driving an uninsured vehicle he or she was responsible for insuring, or who was convicted of impaired driving or of a felony committed while driving (Insurance Law § 5104(d) Evidence).

The Department of Financial Services summarized the changes in Insurance Circular Letter No. 3 (2026). Complaints and court decisions from before the change, including papers viewed in NYSCEF, may describe the older rules.

Researching filed cases and e-filing (NYSCEF)

NYSCEF (New York State Courts Electronic Filing) is the court system's official website for filing court papers online. Many Supreme Court civil cases are filed through it, and anyone can read the public papers in them. This guide is not connected with NYSCEF or the courts.

Researching filed cases

• On the NYSCEF home page, "Search as Guest" opens a case search that needs no account. Cases can be found by index number or by party or attorney name, and a search can be narrowed by county, case type, and filing date. The courts' page on getting court records explains other ways to find records.
• Reading the complaints, answers, and later papers in other car accident cases shows how real court papers are formatted and what usually happens after a complaint is filed.
• Filed papers were written for other people's facts, and some contain mistakes. Cases started before May 26, 2026 were governed by older rules (see Changes to the law in 2026).

Learning how e-filing works

• E-filing is not required for people who do not have a lawyer; they can file and serve papers on paper instead. A person without a lawyer may choose to e-file, in courts and case types where NYSCEF is available, by creating an account through NYSCEF's Unrepresented Litigants section. The Unrepresented Litigants Fact Sheet explains the steps.
• The NYSCEF User Manual describes how cases are started, how papers are filed, and how case searches work. NYSCEF also runs a separate training system, with its own accounts, for practice.
• The court system's E-Filing Resource Center answers questions about using NYSCEF: nyscef@nycourts.gov or 646-386-3033.
• Papers filed in NYSCEF are generally public. Court rules require leaving out or redacting certain personal information, such as Social Security numbers and financial account numbers (22 NYCRR 202.5(e)).

Downloads

• Annotated booklet (PDF): all three samples and the paragraph catalog with every general note, for printing.
• Blank sample complaint: two vehicles (Word): the sample complaint text with its blanks highlighted and no notes.
• Blank sample complaint: three or more vehicles (Word): the sample complaint text with its blanks highlighted and no notes.
• Blank sample complaint: pedestrian (Word): the sample complaint text with its blanks highlighted and no notes.

Where to get help

• The New York State courts' CourtHelp website and Court Help Centers explain court procedures in general terms.
• Many county bar associations run lawyer referral services.
• Many personal injury lawyers offer a free first consultation and work for a share of any recovery.
• Deadlines can be short, especially for claims against the City or other public bodies. Get advice early.