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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 though the other party was partially to blame This concept was created to ensure that the process is fair for both sides A court may reduce the amount of financial compensation if a person is partially responsible for an accident to reflect their part in the cause Pure comparative negligence can also be used in a few states It is used to determine who was more responsible for the accident In hemet car accident attorney could be responsible for 50 of an accident but only responsible for 1000 from the other party This is commonly referred to as the 50 rule The modified comparative negligence rule permits individuals to recover damages from the other driver if they were the one responsible for the incident Pure comparative negligence doesnt have such a rule However it allows individuals to collect damages from the other drivers insurance company when they were responsible for the incident Pure comparative negligence is one of the types of negligence that can be found in New York But the other driver did nothing to avoid the accident The evidence from the accident will be used to determine the reason for the incident during the trial Insurance companies and attorneys will examine a variety factors to determine fault Lawyers and insurance companies can investigate inebriation weather conditions or other factors that could have an impact on the accident These factors can even affect the amount of damages that a plaintiff is entitled to receive from the insurance company Pure contributory negligence Pure contributory negligence in car accident lawsuits occurs when one or more of the participants did not exercise adequate care and attention when driving their vehicles This is easier to prove in some cases than in others The amount that is recovered will depend on the amount of blame each party is to be held accountable For example if the driver was speeding and caused the accident they would only be responsible for a portion of the damages while a person who was a passenger will be accountable for half of the damages Some courts also use the 51 Rule which is in addition to the principle of contributory negligence An injured party cannot recover damages if they are more than fiftyone percent fault They may still be able to recover an amount if theyre equally responsible In New York contributory negligence is the amount of blame that the plaintiff carries in the accident In car accident lawsuits the failure of the plaintiff to signal or speed is an example of contributory negligence This could prevent the plaintiff from claiming damages It is essential to talk to an attorney prior to filing lawsuit Each state has its own laws on comparative negligence Most states recognize a modified comparative negligence system which allows an injured person to receive compensation even if they contributed less than 50 of the blame Certain states have an upper limit of fifty per cent or five percent as the norm for many jurisdictions In four states and the District of Columbia pure contributory negligence is recognized by the law A plaintiff in a car accident lawsuit will not be entitled to any compensation if the incident was the result of at least two percent of the victims negligence However the plaintiff would be awarded one percent of the total damages if he were ninetyninenine percent responsible Uninsured motorist coverage Uninsured motorist coverage is necessary in a car accident situation If the person responsible has no insurance the insurance will cover the hospital bills The minimum of 50000 doesnt always cover serious injuries If this happens a family may be in financial trouble Uninsured motorist coverage could help reduce the financial impact on the person who was injured and their family When the other driver doesnt have enough insurance to cover your losses it is possible to file a claim on your own insurance for this amount If you dont have insurance for uninsured motorist coverage you can try contacting the other drivers insurance company to obtain the coverage you require This will cover costs for medical bills or property damage Your claim needs to be dealt with appropriately and in a fair manner by the insurer They may not be acting in your best interests when they contact you in a hostile manner An experienced lawyer can assist you prepare and file the claim First notify your insurance company about the incident You may have to request an explanation from the insurance company of the other driver Certain cases have strict deadlines for claims by uninsured motorists In these cases youll need to make a claim as soon as you can New York law prohibits uninsured drivers from leaving the scene of an accident If someone is seriously injured or property is damaged this is illegal It is crucial to provide information to the other driver if you suspect that they are responsible for the accident Contact the police immediately If youve been injured or property damaged it is essential to keep note of the make and model of the other vehicle and its license plate number and contact information If you have UIM coverage you could receive compensation for your injuries Special verdict If you were in an accident with a vehicle and sustained injuries The first step is to seek a special verdict The type of verdict you receive is a decision which is based upon the facts of the incident The judge is able to alter the form of the verdict at his discretion Based on the evidence the judge is able to quickly alter the form A jury may decide that a defendant was 70 or 100 at fault for the accident In other cases juries may decide that a plaintiff was not solely responsible for the accident This is referred to as a no fault reduction In other words a plaintiff can still get a specialized verdict without having a defense