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Car Accident Lawsuits Modified comparative negligence Modified the rules of comparative negligence in car accidents allows partial reimbursement of damages even if the other party is partially to the fault This idea was created to make the process more fair for both sides A court can reduce the amount of financial compensation if the person who is partly responsible for the accident in order to reflect their part in the cause Pure comparative negligence can also be used in certain states It is applied to determine which actions were more accountable for the incident In this scenario it is possible for a person to be 50 responsible for an accident but only 1000 from the other party This is known as the 50 rule Modified comparative negligence rules allow a person to recover damages from the other driver in the event that they were the cause of an accident Pure comparative negligence doesnt have such a rule however it allows individuals to collect damages from the insurance company in the event they were at fault for the incident Pure comparative negligence is a form of negligence that is applicable in New York But the other driver did nothing to prevent the accident The evidence of an accident will be used to determine the reason for the incident during the trial Attorneys and insurance companies will investigate a variety of factors to determine the fault Lawyers and insurance companies can examine intoxication weather conditions or other factors that may have an influence on the outcome of the accident These factors could affect the amount of damages that a plaintiff is entitled to receive from the insurance company Pure contributory negligence Pure contributory negligence in car crash lawsuits is the fact that one or more parties did not use reasonable care and attention while operating their cars This is easier to prove in certain instances than in others The percentage of fault that each person carries will determine the amount of compensation For instance if a driver was speeding and caused the accident theyd only be responsible for a part of the damages while a passenger is responsible for the majority of the damages Some courts also use the 51 percent Rule which is in addition to contributory negligence in pure form This rule states that an injured party cannot recover damages in the event that they are fiftyone percent or more at the fault They may still be able to recover some of the damages if they are equally accountable Contributory negligence in New York refers to the percentage of fault the plaintiff carries in an accident Contributory negligence occurs when a plaintiff fails to signal or accelerates in a car accident This could hinder the plaintiff from collecting damages It is essential to speak with an attorney prior to filing a lawsuit Each state has its own law on comparative negligence However youtubecom have a modified comparative negligence system that permits the injured party to be compensated even if they contributed less than fifty percent of the fault In addition there are some states that have an upper limit of fifty percent or five percent as the standard in many jurisdictions Pure contributory negligence is recognized by the law in four states and the District of Columbia In a lawsuit for car accidents the plaintiff will be awarded no compensation if he was at or near to two percent at fault for the accident By contrast the plaintiff would be awarded one percent of the total damages in the event that they was ninetynine percent to blame Uninsured motorist coverage Uninsured motorist coverage may be required in a car crash scenario This coverage will pay for the hospital bill in the event that the party at fault does not have enough insurance The minimum of 50000 doesnt always cover serious injuries A family could end up financially devastated if this happens Uninsured motorist coverage could help to mitigate the financial impact on the injured party and their family When the other driver doesnt have enough insurance to pay for your damages You may be able to claim your own insurance for this amount If you are not covered by your uninsured motorist coverage you can try contacting the other drivers insurer to obtain the coverage you require This will help to cover the costs of any medical bills and any property damage that may occur The insurance company must handle your claim in an honest and fair manner They might not be acting in your best interest if they approach you in an adversarial way An experienced attorney for car accidents will assist you in preparing your claim file it and pursue the claim First notify your insurance company of the incident You may be required to request an insurance company of the driver who was at fault In certain cases claims for uninsured motorists have strict deadlines In these cases you may have to make a claim as quickly as possible In New York the law prohibits the driver of an uninsured vehicle from leaving the scene of an accident If someone is seriously hurt or property is damaged this is a violation of the law If you suspect that someone else is responsible for an accident its important to share the information with the other driver and contact the police immediately If you have been injured or your property damaged it is essential to keep track of the make and model of the vehicle you are driving along with its license plate number as well as contact information If you have UIM coverage you can be compensated for your injuries Special verdict A specific verdict is required if you have had a car accident which resulted in injuries This type of verdict is a verdict made based on facts A judge may alter the form of the verdict at any time The judge can modify the form quickly based on the evidence presented The jury could find that the defendant is either 70 or 100 percent responsible for the accident In other circumstances however a jury might determine that the plaintiff is not the sole person responsible for the accident This is referred to as a no fault reduction A plaintiff can still obtain a special verdict even if they dont have a specific defense