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Car Accident Lawsuits Modified comparative negligence Modified rules on 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 ensure that the process is fair for both parties A court may reduce the amount of financial compensation awarded if an individual is partially at fault for the accident in order to reflect their involvement In some states pure comparative negligence can also be used It is used to determine who was more responsible for the accident In birmingham car accident lawsuits is possible for a person to be responsible for 50 of an accident and only 1000 from the other party This concept is often called the 50 bar rule The modified comparative negligence rule permits the person to claim 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 a person to collect 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 is a possibility when a driver has violated a stop sign The other driver was not able to stop the accident During the trial the evidence from the accident will help determine the cause of the incident Attorneys and insurance companies will investigate a variety of factors to determine the fault They might look into intoxication as well as weather conditions and other factors that can affect the outcome of the incident These factors could even influence the amount of damages a plaintiff is eligible to receive from the insurance company Pure contributory negligence Pure contributory negligence in lawsuits for car accidents occurs when one or more of the parties was not using reasonable care and attention while driving their vehicles This is more straightforward to prove in certain instances than in other cases The proportion of fault each person is responsible for will determine the amount of recovery For instance if a driver was speeding and caused the accident they would only be responsible for a part of the damage whereas a passenger is responsible for the majority of the damages Some courts also apply the 51 percent Rule which is in addition to the principle of contributory negligence Under this rule the person who is injured cannot claim damages in the event that they are fiftyone percent or more at fault If they are equally at fault however they can still recover a portion of their losses The contributory negligence in New York refers to the proportion of blame the plaintiff bears in an accident Contributory negligence is when the plaintiff fails to signal or speeds up in a car accident This could prevent the plaintiff from collecting damages Therefore it is essential to consult with an attorney prior filing a lawsuit The law of comparative negligence is different from state to state However the majority of states have a modified comparative negligence system which allows the injured party to receive compensation despite having contributed less than fifty percent of the fault Additionally states some have a threshold of fifty percent or five percent which is the standard in numerous jurisdictions Pure contributory negligence is recognized by the law in four states and the District of Columbia A plaintiff in a car crash lawsuit is not entitled to any kind of compensation if the accident was the result of at least two percent of the victims fault However the plaintiff could receive one percent of the total damages if they was ninetynine percent responsible for the accident Uninsured motorist coverage Uninsured motorist coverage is required in a car crash situation If the responsible party is not insured this insurance will pay for hospital bills The minimum of 50000 is not enough to cover the costs of a serious injury A family could end up financially devastated when this happens Uninsured motorist coverage may assist in reducing the financial burden on the injured party and their family When the other driver does not have enough insurance to pay for your damages You may be able to make a claim against your own insurance policy for this amount Contact the insurer of the other driver if you do not have insurance motorist coverage in order to obtain the coverage you need This will help cover the costs of medical expenses and property damage that is incurred Your claim must be handled appropriately and in a fair manner by the insurer They might not be acting in your best interests when they engage with you in an adversarial way An experienced lawyer for car accidents can help you prepare the claim to file it then pursue the claim First notify your insurance company of the accident It is possible to ask for a statement from the insurance company of the other drivers company In some cases claims for uninsured motorists 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 If someone is seriously injured or property is damaged it is considered to be a crime If you believe that the other driver is responsible in an accident it is crucial to discuss the incident with the other driver and call the police immediately If you were injured or sustained property damage you should remember the make and model of the vehicle in question along with its license plate as well as contact details You may be entitled to compensation if you have UIM coverage Special verdict A special verdict is required if youve been involved in a collision that resulted in injuries This type of verdict is a judgment basing itself on the facts The form of the verdict is determined by a judges discretion Based on the evidence the judge can quickly alter the form A jury could find that a defendant was 70 or 100 at fault for the accident In other situations however a jury could determine that the plaintiff is not solely responsible for the accident This is referred to as a nofault reduction In other words it is possible for a plaintiff to receive a special ruling without having a defense