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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 if the other party may be partially to the fault This idea was developed to make the process more fair for both sides A court can reduce the amount of financial damages if an individual is partially at fault for an accident to reflect their contribution Pure comparative negligence is utilized in certain states bridgeport car accident lawsuits is used to determine who was more responsible for the accident In such a case the person could be 50 at fault for an accident and receive only 1000 from the other party This is often called the 50 bar rule The modified comparative negligence rule allows an individual to seek damages from the other driver when they were the one responsible for the incident Pure comparative negligence does not have this rule but it does allow individuals to collect damages from the insurance company of the other driver company in the event they were at fault for the accident In New York for example pure comparative negligence applies when a motorist has violated an intersections stop sign The other driver was not able to prevent the collision The evidence from the accident will be used to determine the cause of actions during the trial Attorneys and insurance companies will examine a variety of elements to determine fault Legal counsel and insurance companies could investigate inebriation and weather conditions as well as other factors that could have an impact on the accident These variables could also affect the amount of damages a plaintiff is eligible 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 maintain reasonable attention and care when operating their vehicles This is more difficult to prove in some situations than others The amount of compensation will depend on how much fault each party is held accountable For instance if the driver was speeding and caused the accident they would only be responsible for a portion of the damage whereas a passenger would be responsible for the entire amount of damage In addition to contributory negligence courts in a few jurisdictions also apply the 51 percent rule An injured party is not able to recover damages if it is more than 51 percent at the fault They can still collect an amount if theyre equally accountable In New York contributory negligence is the amount of blame that the plaintiff is responsible for in the incident In car accident lawsuits the failure of the plaintiff to signal or speed is an example of contributory negligence This can hinder the plaintiff from collecting damages Therefore it is essential to consult with an attorney prior making a claim The law of comparative negligence differs from state to state Many states have a modified system of comparative negligence which allows the injured party to receive compensation even though they are not responsible for more than 50 of the blame In addition to this some states also have a threshold of fifty percent or five percent that is the norm in numerous jurisdictions In four states and the District of Columbia pure negligent contributory is recognized under the law A plaintiff in a lawsuit for car accidents is not entitled to any compensation if the incident was caused by at least two percent of the victims blame A plaintiff is entitled to a portion of the damages total in the event that she was ninetynine percent responsible Uninsured motorist coverage Uninsured motorist coverage may be required in a vehicle accident case This coverage pays for the hospital bill if the person responsible for the crash does not have enough insurance The minimum of 50000 does not always cover serious injuries In the event of a serious injury families can be left in financial ruin Uninsured motorist coverage may assist in reducing the financial burden on the victim and their family If the other driver doesnt have enough insurance to cover the damages you may be able to claim your own insurance policy for this amount If you are not covered by your uninsured motorist coverage you can try contacting the drivers insurer to obtain the coverage you need This will cover any costs for medical bills or property damage Your claim needs to be dealt with fairly and reasonably by the insurance company They might not be acting in your best interests if they confront you in a hostile manner An experienced attorney in car accidents can assist you with preparing the claim file it and pursue the claim First inform your insurance company about the incident It is possible to ask for an explanation from the insurance company of the other driver In certain instances claims for uninsured motorists have strict deadlines In these cases you may need to file a claim as fast as possible New York law prohibits uninsured drivers from leaving the scene of an accident This is illegal if a person is hurt or property damage is substantial It is crucial to share information with the driver of the other vehicle if you suspect that they are at fault for an accident Call the police immediately If youve been injured or property damaged It is crucial to keep in mind the model and make of the other vehicle and its license plate number and contact information If you have UIM coverage you are able to get compensation for your injuries Special verdict A special verdict is required if you have been in a car accident that resulted into injuries This type of verdict is a judgment based on the facts of the incident A judge is able to alter the form of the verdict at his discretion Based on the evidence the judge may quickly modify the form A jury might find that a defendant was 70 or 100 percent at fault for the accident In other situations however a jury could decide that the plaintiff was not solely responsible for the accident This is known as a no fault reduction In other words the plaintiff is able to get a special verdict without a special defense
