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Car Accident Lawsuits Modified comparative negligence Modified rules for comparative negligence in auto accident lawsuits permits partial recovery of damages even if the other party is partially to blame This idea was developed to make the process more fair for both sides If a person is partially responsible for an accident the court can reduce the value of their financial compensation to reflect their contribution to the accident In certain states pure comparative negligence is also used It is applied to determine who was more at fault for the accident In this instance a person could be held 50 accountable for an accident and only 1000 from the other party This is commonly known as the 50 rule Modified comparative negligence rules permit an individual to claim damages from the other driver if they were responsible for an accident Pure comparative negligence doesnt have a specific rule However it allows individuals to collect damages from the other drivers insurance company in the event that they were the cause of the accident Pure comparative negligence is a form of negligence that is applicable in New York But the other driver was not able to prevent the accident During the trial the evidence from the accident will help determine the cause of the incident Lawyers and insurance companies will examine a variety factors to determine the fault Insurance companies and attorneys may examine intoxication or weather conditions as well as other factors that could have an impact on the accident These factors could affect the amount of damages a victim is entitled to receive from the insurance company Pure contributory negligence Pure negligent in car accidents lawsuits refers to the fact that one or more parties did not maintain reasonable attention and care when operating their vehicles This is more difficult to prove in some instances than in others The amount of the recovery will depend on the amount of the parties are to be held accountable If the driver caused an accident due to speeding for instance it would only be responsible for a small portion of the damage A passenger could be accountable for half of the damage Some courts also use the 51 percent Rule which is in addition to contributory negligence in pure form A person who is injured cannot claim damages if it is more than fiftyone percent fault If they are equally responsible however they can still claim a portion of their losses In New York contributory negligence is the amount of blame that the plaintiff carries in the event of an accident In the case of car accident lawsuits a plaintiffs failure to signal or speeding are instances of contributory negligence This can prevent the plaintiff from receiving damages It is essential to talk to an attorney before you file lawsuit Each state has its own laws on comparative negligence Most states recognize a modified system of comparative negligence that allows the injured party to receive compensation even though they are responsible for less than 50 of the fault Certain states have an upper limit of fifty percent or five percent which is the standard for various jurisdictions In four states and the District of Columbia pure contributory negligence is recognized under the law A plaintiff in a lawsuit for car accidents will not be entitled any compensation if the incident was caused by at least two percent of the victims blame In contrast a plaintiff would receive one percent of the total damages if he was ninetynine percent to blame Uninsured motorist coverage Uninsured motorist coverage could be required in a car crash case This insurance covers the hospital bill in the event that the responsible party is not insured enough The 50000 minimum is not enough to cover the expenses of an injury of serious severity In the event of a serious injury families can be left in financial ruin Uninsured motorist coverage could help reduce the financial burden for the injured party and their family If the other driver does not have enough insurance to cover your losses you may be eligible to make an insurance claim against your policy You can contact the insurance company of the other driver if you do not have insurance motorist coverage to obtain the coverage you need This will cover any damages to property or medical bills Your claim must be dealt with in a fair and reasonable manner by the insurer They might not be acting in your best interests if they contact you in a hostile manner A knowledgeable attorney can assist you prepare and file the claim First inform your insurance company of the incident You may have to request a statement form the insurance company of the other driver In some instances claims for uninsured motorists have strict deadlines In these situations you may need to file a claim as soon possible In New York the law prohibits the driver of a car that is not insured from leaving the scene of an accident This is illegal if anyone is injured or property damage is substantial If you believe there is a fault in an accident it is essential to share information with the other driver and call the police immediately If you were injured or suffered property damage you should keep track of the make and model of the vehicle in question and its license number as well as contact information If you have UIM coverage you may receive compensation for your injuries Special verdict A special verdict is required if you have had a car accident that resulted in injuries This type of verdict is a judgment which is based upon the facts of the situation The form of the verdict is determined by the discretion of the judge The judge can alter the form swiftly based on the evidence presented A jury may decide that a defendant was either 70 or 100 100 at fault for the accident In You Tube could decide that the plaintiff is not solely at fault for the accident This is referred to as a no fault reduction A plaintiff can still get an extra verdict even if they do not have a particular defense