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Car Accident Lawsuits Modified comparative negligence Modified comparative negligence rules in car accident lawsuits allow partial recovery of damages even if the other party was partially to blame This idea was created to make the process more fair for both sides If a person is partially responsible for an accident the court can reduce the amount of their financial compensation to reflect their contribution to the accident Pure comparative negligence is applied in some states It is used to determine who was the most accountable for the incident In this situation it is possible for a person to be held 50 accountable for an accident but only 1000 from the other party This is known as the 50 rule The modified comparative negligence rule permits a person to collect damages from the other driver if they were the one responsible for the incident Pure comparative negligence doesnt have this rule but it does allow individuals to collect damages from the insurance company when they were the one responsible for the incident concord car accident lawyer is a form of negligence that applies in New York The other driver was unable to stop the collision During the trial the evidence from the incident will assist in determining the root of the issue Attorneys and insurance companies will look into a variety of factors to determine the fault They may examine inebriation or weather conditions as well as other factors that could affect the cause of the accident These factors could even influence the amount of the damages a plaintiff is eligible to receive from the insurance company Pure contributory negligence Pure contributory negligence in car accidents lawsuits is the fact that one or more of the parties failed to exercise reasonable care and attention while operating their cars This is easier to prove in certain instances than in other cases The amount of compensation will depend on the amount of fault each party is held accountable If the driver was responsible for an accident by speeding for example the driver would only be responsible only for a fraction of damage A passenger would be accountable for half of the damage Some courts also apply the 51 percent Rule which is in addition to contributory negligence in pure form A person who is injured cannot claim damages if they are more than fiftyone percent at the fault They can still recover a portion if they are equally responsible The contributory negligence in New York refers to the proportion of blame the plaintiff carries in an accident Contributory negligence is when the plaintiff fails to signal or speed up in a car accident case This can stop the plaintiff from collecting damages It is essential to talk to an attorney prior to filing a lawsuit The law of comparative negligence differs from state to state However most states recognize a modified comparative negligence system that permits the victim to receive compensation despite having contributed less than fifty percent of the blame In addition to this certain states also have a threshold of fifty percent or five percent which is the standard in several jurisdictions In four states and the District of Columbia pure negligent contributory is recognized under the law In a car accident lawsuit the plaintiff will be awarded no compensation if the plaintiff was at or near to two percent at fault for the accident On the other hand the plaintiff would be awarded one percent of the total damages if she was ninetynine percent to blame Uninsured motorist coverage Uninsured motorist insurance may be necessary in a car accident scenario This coverage will pay for the hospital bill if the responsible party does not have enough insurance The 50000 minimum isnt always enough to cover the expenses of a serious injury A family could be financially devastated when this happens Uninsured motorist coverage could help to mitigate the financial impact on the person who was injured and their family If the other driver isnt covered by enough insurance to cover your losses you could be able to make a claim against your policy If you do not have insurance for your motorist coverage you could contact the other drivers insurer to obtain the coverage you need This will help to cover the cost of medical bills as well as any property damage that occurs Your claim must be dealt with fairly and reasonably by the insurance company If they take an aggressive approach they could be in violation of their obligation to act in your best interests An experienced attorney for car accidents can assist you in preparing the claim to file it then pursue the claim The first step in filing an uninsured motorist claim is to notify your insurance company about the accident You may need to request an insurance company of the other driver In some cases uninsured motorist claims are subject to strict deadlines In these cases you might be required to file a claim in the earliest time possible In New York the law prohibits the driver of an uninsured vehicle from leaving the scene of an accident This is illegal if anyone is hurt or property damage is significant It is important to share information with the driver who was driving you if you suspect they were at fault for an accident Contact the police immediately If you have been injured or property damaged it is crucial to keep track of the make and model of the vehicle you are driving as well as its license plate number and contact information If you have UIM coverage you may get compensation for your injuries Special verdict A specific verdict is required if you have had a car accident that resulted into injuries This type of verdict is a judgement basing itself on the facts The form of the verdict is at the discretion of the judge Based on the evidence the judge may quickly modify the form The jury may find that the defendant is 70 or responsible for the accident In other cases juries may decide that a plaintiff isnt solely at fault for the accident This is referred to as a nofault reduction A plaintiff may still be able to obtain an additional verdict even if they do not have a special defense