Annotated sample complaint: two-vehicle rear-end collision
A driver stopped in traffic in New York City is struck from behind by another car. The driver of the other car also owns it. The stopped driver sues that driver in the Supreme Court for personal injuries and for the damage to the car. There is one plaintiff and one defendant, and no city vehicle, rideshare, or passenger is involved.
This sample is also available as a Word file with the blanks highlighted and no notes.
Reading this sample
- The left column is sample text. Words in brackets, like [plaintiff's full name], are blanks. Everything else is the sample wording, which may or may not fit a particular accident.
- The right column explains, in general terms, what each paragraph is for and which rules it relates to. It is the same for every reader and does not say whether any paragraph fits a particular case.
- Each sample fits only the situation described at its top. Paragraphs for other situations, such as passengers, intersections, city vehicles, rideshares, and family members' claims, are in the paragraph catalog.
- Several rules for car accident lawsuits changed for cases started on or after May 26, 2026. The notes describe the rules for those cases; complaints filed earlier, including ones viewed in the court's filing system, may reflect the older rules.
Caption
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY NAME]
COMPLAINT
The caption is the heading of every court paper. It names the court and county, lists every plaintiff and defendant, leaves space for the index number, and states what the paper is. The index number is assigned by the county clerk when the case is filed and the fee is paid (CPLR 306-a, 8018); it is written in afterward. A complaint is usually filed together with a separate paper called a summons (CPLR 304), which is not part of this sample.
Opening paragraph
Plaintiff [plaintiff's full name], appearing pro se, alleges upon information and belief, except as to matters within the personal knowledge of Plaintiff, as follows:
The opening paragraph says who is suing. "Pro se" means the plaintiff is representing himself or herself without a lawyer. "Upon information and belief" is traditional wording for allegations based on what the plaintiff has learned rather than seen personally; the complaint may mix both kinds.
The parties
At all times relevant herein, Plaintiff [plaintiff's full name] was and remains a person entitled to maintain this action.
States that the plaintiff is a person who can bring the case. An adult generally sues in his or her own name. A child under 18 sues through a parent or guardian instead (CPLR 1201); the catalog has a paragraph for that, and a child's claim must be brought by a lawyer (CPLR 321(a)).
At all times hereinafter mentioned, Plaintiff [plaintiff's full name] was and still is a resident of the State of [state where the plaintiff lives].
Where each party lives matters for venue, meaning which county's court may hear the case (CPLR 503(a)). Residence is stated as of the time the case is started.
At all times hereinafter mentioned, Defendant [defendant's full name] was and still is a resident of the State of [state where the defendant lives].
The defendant's residence also bears on venue, and on where and how the defendant can be served with the summons and complaint. A company's residence is generally the county of its principal office (CPLR 503(c)).
Jurisdiction and venue
This Court has jurisdiction over the parties and the subject matter of this action, and venue is properly laid in [county where the case is filed] pursuant to CPLR 503, based upon the residence or principal office of one or more of the parties and/or the county in which a substantial part of the events giving rise to the claims occurred.
The Supreme Court is New York's general trial court and can hear cases of any size. Venue is generally proper in a county where any party lived when the case began, or where a substantial part of the events happened (CPLR 503(a)). A defendant who believes the county is wrong can ask to move the case (CPLR 510, 511).
The vehicles and their owners
At all times hereinafter mentioned, Plaintiff [plaintiff's full name] was the owner of the motor vehicle bearing [state that issued the plaintiff's plate] State license plate number [plaintiff's license plate number] involved in the occurrence alleged herein.
Identifies the plaintiff's car by its license plate. Ownership matters mainly for the property-damage claim, since generally the owner is the one who may recover for damage to a vehicle.
At all times hereinafter mentioned, Defendant [defendant's full name] was the owner of the motor vehicle bearing [state that issued the defendant's plate] State license plate number [defendant's license plate number] operated by said Defendant and involved in the occurrence alleged herein.
In this sample the defendant both owned and drove the other car. When the owner and the driver are different people or companies, the catalog has separate paragraphs for each, including leased vehicles.
At all times hereinafter mentioned, Defendant [defendant's full name] owned, operated, maintained, controlled, repaired, and used the motor vehicle bearing [state that issued the defendant's plate] State license plate number [defendant's license plate number] involved in the occurrence alleged herein.
Under Vehicle and Traffic Law § 388 Evidence, a vehicle's owner is generally responsible for negligence of anyone driving it with the owner's permission. When the owner is also the driver, this paragraph alleges both ownership and operation. Federal law generally protects commercial rental and leasing companies from this kind of owner liability (49 U.S.C. § 30106 Evidence); see the catalog's leasing paragraphs.
How the accident happened
On or about [date of the accident], at approximately [approximate time], at or near [street address or intersection where the accident happened], a motor vehicle collision occurred involving Plaintiff and one or more motor vehicles, including the motor vehicle bearing [state that issued the defendant's plate] State license plate number [defendant's license plate number].
States when and where the collision happened. These details are usually compared with the police accident report, photographs, and other records, so they are typically checked against those sources. Separately, a driver involved in an accident with injury, or property damage over $1,000, generally must file a report with the Department of Motor Vehicles within 10 days (Vehicle and Traffic Law § 605).
At the time of the occurrence, Plaintiff's vehicle bearing [state that issued the plaintiff's plate] State license plate number [plaintiff's license plate number] was stopped or otherwise stationary, and Defendant [defendant's full name] failed to operate the following vehicle bearing [state that issued the defendant's plate] State license plate number [defendant's license plate number] with reasonable care so as to avoid striking Plaintiff's vehicle.
A following driver must keep a reasonable and prudent distance (Vehicle and Traffic Law § 1129(a) Evidence). New York courts generally treat a rear-end collision with a stopped or stopping vehicle as establishing a prima facie case of negligence against the rear driver, who then must offer a non-negligent explanation. This paragraph states the facts that bring that rule into play; whether they are accurate for a particular accident is for the person signing to decide.
The occurrence was caused, in whole or in part, by the negligent operation of the vehicle operated by Defendant [defendant's full name] bearing [state that issued the defendant's plate] State license plate number [defendant's license plate number], including failing to maintain a reasonably safe distance and failing to avoid the collision with Plaintiff's vehicle bearing [state that issued the plaintiff's plate] State license plate number [plaintiff's license plate number] under the circumstances then and there existing.
States how the defendant's driving caused the collision. A complaint states facts rather than evidence; the proof comes later through documents, testimony, and discovery. Chain reactions are shown in the multi-vehicle sample, and other ways collisions happen, such as intersections, red lights, and head-on crashes, have their own paragraphs in the catalog.
First cause of action: personal injury
AS AND FOR A FIRST CAUSE OF ACTION
ON BEHALF OF PLAINTIFF [PLAINTIFF'S FULL NAME]
(Negligence: Personal Injury)
Plaintiff [plaintiff's full name] repeats, reiterates, and realleges each and every allegation set forth above with the same force and effect as if fully set forth herein.
Each separate claim is set out as its own numbered cause of action. The "repeats and realleges" sentence brings all the earlier facts into this claim without writing them out again.
Plaintiff alleges that, at the time of the occurrence, a motor vehicle, bicycle, device, or other instrumentality involved in the occurrence came into contact with the person of Plaintiff [plaintiff's full name], and that such contact caused and/or contributed to the personal injuries alleged herein.
Alleges that the plaintiff was physically struck or jolted by the collision and that this caused the injuries. It connects the accident to the injury claim.
As a result of the occurrence, Plaintiff [plaintiff's full name] sustained physical injuries and associated pain, suffering, limitations, and other damages to the extent established by the evidence.
A general statement that the plaintiff was injured. Complaints often describe injuries broadly; the details come out later in a bill of particulars and medical records. The catalog has more specific paragraphs for injured body parts, medical treatment and expenses, and lost earnings.
The occurrence and resulting injuries were caused solely by the negligence, carelessness, and recklessness of the Defendant or Defendants, without any negligence or culpable conduct on the part of Plaintiff [plaintiff's full name] contributing thereto.
For car accident injury lawsuits started on or after May 26, 2026, a plaintiff whose share of fault is greater than the defendants' combined share cannot recover, and a plaintiff with a smaller share recovers an award reduced by that share (CPLR 1411(b) Evidence). For other claims, an award is reduced by the plaintiff's share of fault however large it is (CPLR 1411(a)). This paragraph states that the plaintiff was not at fault. Like every allegation, it is made subject to the signer's certification that it is not frivolous (22 NYCRR 130-1.1a).
Plaintiff [plaintiff's full name] sustained a serious injury as defined in Insurance Law § 5102(d) and/or economic loss greater than basic economic loss as defined in Insurance Law § 5102(a).
By reason of the foregoing, Plaintiff [plaintiff's full name] has been damaged in an amount that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction.
Under New York's no-fault system, a person injured in a car accident can sue for pain and suffering only after a "serious injury" as defined in Insurance Law § 5102(d) Evidence, such as a fracture or a significant limitation of use of a body function or system, and can sue for economic loss only above what no-fault insurance covers (Insurance Law § 5104(a) Evidence). For cases started on or after May 26, 2026, the category for an injury that kept a person from usual activities for 90 of the first 180 days was removed, the jury decides fault before deciding whether an injury is serious, and pain-and-suffering damages are capped at $100,000 for some at-fault plaintiffs, such as a driver who was uninsured or was convicted of impaired driving (Insurance Law §§ 5102(d), 5104(a), 5104(d)). A personal-injury complaint does not state a dollar amount; in the Supreme Court it instead says whether the damages exceed the limits of the lower courts (CPLR 3017(c)).
Second cause of action: property damage
AS AND FOR A SECOND CAUSE OF ACTION
ON BEHALF OF PLAINTIFF [PLAINTIFF'S FULL NAME]
(Negligence: Property Damage)
Plaintiff [plaintiff's full name] repeats, reiterates, and realleges each and every allegation set forth above with the same force and effect as if fully set forth herein.
Damage to the car is a separate claim with its own heading. The no-fault "serious injury" rule does not apply to property damage.
As a result of the negligence of the Defendant or Defendants, the motor vehicle and/or other personal property of Plaintiff [plaintiff's full name] was damaged, and Plaintiff [plaintiff's full name] sustained property damage, including the cost of repair or replacement, loss of use, and related expenses, to the extent established by the evidence.
By reason of the foregoing, Plaintiff [plaintiff's full name] has been damaged in an amount to be determined at trial.
Covers repair or replacement costs and loss of use. If an insurance company has already paid for the repairs, it may have the right to pursue that part of the claim itself (called subrogation), which can affect what the owner may recover. Records such as repair estimates and invoices are the usual proof.
Closing paragraphs
By reason of the foregoing, the liability of the Defendant or Defendants is joint and several. To the extent any Defendant seeks the benefit of CPLR Article 16, Plaintiff alleges that Article 16 does not limit liability herein, including under the exceptions set forth in CPLR 1602, and that Plaintiff is entitled to recover the full amount of damages from each Defendant found liable.
CPLR Article 16 can limit a defendant's share of non-economic damages when that defendant is 50 percent or less at fault (CPLR 1601). There is an exception for claims arising from the use or operation of a motor vehicle (CPLR 1602). This paragraph points to that exception; with only one defendant it usually matters less. The multi-vehicle sample shows a case with two defendants.
WHEREFORE, Plaintiff demands judgment against the Defendant as follows:
(a) On the First Cause of Action, on behalf of Plaintiff [plaintiff's full name], for personal injuries, in an amount that exceeds the jurisdictional limits of all lower courts that would otherwise have jurisdiction;
(b) On the Second Cause of Action, on behalf of Plaintiff [plaintiff's full name], for property damage, in an amount to be determined at trial; and
(c) The costs and disbursements of this action, together with interest as permitted by law, and such other and further relief as this Court deems just and proper.
The "WHEREFORE" clause lists what the plaintiff asks the court to award, one lettered item per cause of action, plus costs and interest. Consistent with CPLR 3017(c), it states no dollar figure for personal injuries.
Dated: [county where the complaint is signed] County, New York
____________________, 20____
The place and date of signing. The date is usually filled in by hand when the final version is signed.
______________________________
[PLAINTIFF'S FULL NAME]
Plaintiff pro se
[plaintiff's mailing address]
Telephone: ____________________
Email: ____________________
A plaintiff without a lawyer signs the complaint personally, with the name printed below the signature (22 NYCRR 130-1.1a(a)), and lists an address and telephone number (CPLR 2101(d)). Signing certifies that, to the best of the signer's knowledge after reasonable inquiry, the paper is not frivolous (22 NYCRR 130-1.1a(b)).
What this sample leaves out
- The summons, which is filed with the complaint and tells the defendant how and when to respond (CPLR 304, 305).
- A notice of claim, which is generally required within 90 days before suing New York City or another public entity (General Municipal Law § 50-e Evidence).
- A verification (a sworn statement that the complaint is true). It is optional, but if the complaint is verified, the answer must be verified too (CPLR 3020).
- A jury demand. In New York a jury is generally demanded later, when the case is placed on the trial calendar with a note of issue (CPLR 4102).
- Proof of service, and later papers such as a request for judicial intervention or a bill of particulars.
Other sample paragraphs are in the paragraph catalog. Other samples: three-vehicle chain collision; pedestrian struck in a crosswalk.
Last reviewed October 2026. Sample text is general and may be out of date.