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Car Accident Lawsuits Modified comparative negligence Modified the rules of comparative negligence in car accident lawsuits permits partial recovery of damages even though the other party was partially to the fault This idea was created to ensure that the process is fair for both parties A court may reduce the amount of financial compensation if a person is partially responsible for an accident to reflect their role Pure comparative negligence is also utilized in certain states It is used to determine whos actions were more at fault for the accident In this situation the person could be responsible for 50 of an accident and only be responsible for 1000 from the other party This is commonly referred to as the 50 rule The modified comparative negligence rule allows a person to collect damages from the other driver if they were the one responsible for the incident Pure comparative negligence does not have such a rule However it permits an individual to seek damages from the other drivers insurance company if they were the cause of the accident In New York for example Pure comparative negligence is a possibility when a driver has violated a stop sign The other driver was unable to prevent the accident During the trial the evidence of the accident will help determine the root of the issue Lawyers and insurance companies will investigate a variety of factors to determine the fault Lawyers and insurance companies can investigate inebriation or weather conditions as well as other factors that may have an impact on the accident These factors can even affect the amount of the damages that a plaintiff is entitled to receive from the insurance company Pure contributory negligence Pure contributory negligence in car crash lawsuits refers to the fact that one or more of the parties failed to use reasonable care and attention while operating their cars This is more straightforward to prove in certain cases than in others The amount of fault each person is accountable for will determine the amount that can be recovered If the driver caused an accident through speeding for example the driver will only be accountable only for a fraction of damage A passenger would be responsible for a portion of the damage Some courts also apply the 51 percent Rule which is in addition to the principle of contributory negligence An injured party cannot recover damages if they are more than 51 percent at the fault However they can still claim a portion if they are equally responsible The contributory negligence law in New York refers to the amount of fault the plaintiff is responsible for in an accident Contributory negligence occurs when a plaintiff fails to signal or speed up in a car accident case This can prevent the plaintiff from recovering damages It is crucial to consult an attorney before you file an action Each state has its own laws on comparative negligence Most states recognize a modified system of comparative negligence that allows an injured party to receive compensation even though they are responsible for less than 50 of the fault Some states have a threshold of fifty percent or five percent that is the norm for many jurisdictions In four states and the District of Columbia pure contributory negligence is recognized by the law In a lawsuit involving a car accident a plaintiff would be awarded no compensation if they was at or near to two percent responsible for the incident A plaintiff could be entitled to a portion of the total damages if she was ninety percent at fault Uninsured motorist coverage There are instances when uninsured motorist insurance is necessary in an auto accident lawsuit This insurance covers the hospital bills if the person responsible for the crash doesnt have enough insurance The minimum of 50000 isnt always enough to cover the costs of an injury that is serious If this happens families could be in financial trouble Uninsured motorist coverage may help reduce the financial impact on the injured party and their family When the other driver doesnt have enough insurance to cover your losses You may be able to file a claim against your own policy for this amount If you do not have insurance for your motorist coverage you can contact the other drivers insurer to get the coverage you need This will allow you to cover the cost of medical bills as well as any property damage that may occur The insurance company must handle your claim in an equitable and reasonable manner They might not be acting in your best interests if they engage with you in an adversarial way An experienced attorney can help you prepare and file the claim First inform your insurance company about the incident You may have to request a statement form the insurance company of the other driver In certain cases uninsured motorist claims have strict deadlines In these situations you may have to file a claim as fast as possible In New York the law prohibits the driver of a vehicle that is not insured from leaving the scene of an accident This is illegal if a person is injured or property damage is significant If you believe there is a fault in an accident it is important to exchange information with the other driver and call the police immediately If you have suffered injury or property damage it is essential to keep track of the model and make of the vehicle in question as well as its license plate number as well as contact details You may be eligible for compensation if you have UIM coverage Special verdict If youve been in an automobile accident and sustained injuries The first step is to seek a special verdict This type of verdict is a verdict that is based on the facts of the situation The judge is able to alter the form of the verdict at any time Based on the evidence the judge is able to quickly alter the form A jury may decide that the defendant was either 70 or 100 percent responsible for the accident In YouTube the jury may decide that the plaintiff is not solely responsible for the accident This is referred to as a nofault reduction In the same way it is possible for a plaintiff to receive a special verdict even without a defense