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Car Accident Lawsuits Modified comparative negligence Modified rules on comparative negligence in car accidents allows partial reimbursement of damages even though the other party may be partially to the fault This idea was developed to ensure that the process is fair for both sides If a person is partially at fault for an accident the court can reduce the value of their financial compensation to reflect the contribution they made to the accident Pure comparative negligence is also used in certain states It is used to determine who was more responsible for the accident In such a case a person could be at least 50 responsible for an accident and then recover only 1000 from the other party This is often referred to as the 50 rule The modified comparative negligence rule allows an individual to seek damages from the other driver if they were at fault for the incident Pure comparative negligence does not have such a rule however it allows individuals to collect damages from the other drivers insurance company when they were the one responsible for the accident Pure comparative negligence is a type of negligence that is applicable in New York But the other driver was not able to prevent the accident During the trial the evidence of the accident will help determine the cause of action Insurance companies and attorneys will examine a variety of elements to determine the fault Legal counsel and insurance companies could examine intoxication or weather conditions as well as other factors that could have an influence on the outcome of the accident hammond car accident lawsuit can affect the amount of damages a person is entitled to from an insurance company Pure contributory negligence Pure contributory negligence in lawsuits for car accidents occurs when one or more parties did not exercise adequate care and attention when operating their vehicles This is more difficult to prove in some cases than it is in other cases The amount of the recovery will depend on the amount of blame each party is held accountable For instance if the driver was speeding and caused the accident they would only be accountable for a portion of the damages whereas a passenger is accountable for the entire amount of damage In addition to contributory negligence courts in certain jurisdictions also use the 51 percent rule An injured party is not able to recover damages if they are more than 51 percent at fault They can still recover part of the amount if they are equally accountable In New York contributory negligence is the percentage of blame that the plaintiff has to bear in the event of an accident In the case of car accident lawsuits the plaintiffs inability to signal or speeding are examples of contributory negligence This can stop the plaintiff from collecting damages This is why it is crucial to consult with an attorney prior filing a lawsuit The law of comparative negligence varies from state to state Many states have a modified comparative neglect system which allows the victim to receive compensation even though they contributed less than 50 of the blame Some states have a threshold of fifty percent or five percent that is the norm for many jurisdictions Pure contributory negligence is a legal concept recognized by the law in four states and the District of Columbia A plaintiff in a lawsuit involving a car accident would not be entitled to any kind of compensation if the accident was the result of at least two percent of the victims negligence A plaintiff could be entitled to a portion of the damages total in the event that she was ninetynine percent at fault Uninsured motorist coverage Uninsured motorist coverage is essential in a car accident case The coverage covers the hospital bills if the party at fault does not have enough insurance The minimum of 50000 is not enough to cover the expenses of an injury that is serious In the event of a serious injury families can be left with financial hardship Uninsured motorist insurance can help to mitigate the financial burdens on the injured party and their family If the other driver does not have enough insurance to cover your losses you may be eligible to file a claim against your policy If you have uninsured motorist coverage you can contact the other drivers insurance provider to obtain the coverage you need This will assist in covering the costs of medical expenses and property damage incurred The insurer must handle your claim in an equitable and reasonable manner If they adopt an adversarial approach they may be violating their duty to act in your best interest An experienced lawyer can help you prepare and file the claim First inform your insurance company about the incident You may have to request an official statement from the insurance company of the other driver Certain cases have strict deadlines for uninsured motorist claims In such instances youll have to file an claim immediately if you are able to New York law prohibits uninsured drivers from leaving an accident site This is illegal if a person is injured or property damage is substantial It is essential to disclose information to the driver of the other vehicle if you suspect that they are in the cause of an accident Contact the police immediately If youve been injured or sustained property damage try to remember the model and make of the car that was involved as well as its license plate and contact information If you have UIM coverage you could be compensated for your injuries Special verdict If youve been in an accident in your car and suffered injuries the first step is to pursue a special verdict This type of verdict is a judgement that is based on the facts A judge can modify the form of the verdict at his discretion Based on the evidence the judge can modify the form in a short time The jury could conclude that the defendant is 70 or percent responsible for the crash In other instances the jury could decide that a plaintiff was not solely at fault for the accident This is referred to as a no fault reduction In the same way that a plaintiff could get a special verdict without having a defense