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Car Accident Lawsuits Modified comparative negligence The modified comparative negligence rule in lawsuits involving car accidents is a legal concept which allows for partial reimbursement of damages even if the other party was at the fault This concept was designed to create a more equitable process for both parties A court can limit the amount of financial damages if someone is partially responsible for an accident to reflect their role Pure comparative negligence can also be utilized in certain states It is used to determine who was accountable for the incident In this instance the person could be 50 responsible for an accident and only be responsible for 1000 from the other party This is often known as the 50 bar rule The modified comparative negligence rule permits a person to collect damages from the other driver if they were at fault for the accident Pure comparative negligence doesnt have such a rule However it permits an individual to seek damages from the insurance company of the other driver company if they were to blame In New York for example pure comparative negligence applies when a driver has violated the stop sign But the other driver was not able to prevent the accident The evidence from the accident will be used to determine the cause of the incident during the trial Insurance companies and attorneys will investigate a variety of factors to determine the fault Legal counsel and insurance companies could examine intoxication weather conditions or other factors that may have an impact on 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 negligent in car accidents lawsuits refers to the fact that one or more of the parties failed to take reasonable care and pay attention when operating their vehicles This is more difficult to prove in some cases than it is in others The amount that is recovered will depend on how much the other party is to be held accountable If the driver caused an accident by speeding for example the driver would only be responsible for a small portion of the damage A passenger could be responsible to half of the damages In addition to the pure contributory negligence courts in some jurisdictions also use the 51 Rule According to this rule the person who is injured cannot claim damages in the event that they are fiftyone percent or more at fault However they can still claim some of the damages if they are equally accountable In New York contributory negligence is the percentage of fault that the plaintiff carries in the incident In the case of car accident lawsuits the plaintiffs inability to signal or speeding are instances of contributory negligence This could stop the plaintiff from collecting damages It is crucial to consult an attorney prior to filing lawsuit Each state has its own laws on comparative negligence However most states have a modified comparative negligence system that permits the victim to be compensated even if they contributed less than fifty percent of the fault Some states have an upper limit of fifty percent or five percent as the norm for various jurisdictions Pure contributory negligence is recognized under the law in four states and the District of Columbia In a case involving a car crash a plaintiff would receive no compensation if the plaintiff was at least two percent at fault for the accident A plaintiff is entitled to a portion of the total amount of damages if she was ninety percent responsible Uninsured motorist coverage There are instances when uninsured motorist coverage is necessary in an auto accident lawsuit If the person responsible is not insured this insurance will pay for hospital expenses The 50000 minimum does not always cover serious injuries In the event of a serious injury a family may be in financial trouble Uninsured motorist insurance can help to reduce the financial burden for the victim and their family When the other driver does not have enough insurance to cover your damages you may be able to file a claim against your own insurance policy for this amount You can reach out to the insurer of the other driver if you have uninsured motorist coverage to get the coverage you require This will cover damages to property or medical bills Your claim must be handled in a fair and reasonable manner by the insurer If they adopt an adversarial approach they could be violating their duty to act in your best interests An experienced lawyer can help you prepare and file the claim The first step to file an uninsured motorist claim is to inform your own insurance company of the incident It is possible to ask for an answer from the insurance company Certain cases have specific deadlines for claims by uninsured motorists In such cases you may be required to file an claim as soon as possible New York law prohibits uninsured drivers from leaving the scene of an accident This is unlawful if someone is hurt or property damage is extensive It is crucial to share information with the driver of the other vehicle if you suspect that they are at fault for an accident Make sure to contact the police immediately If you were injured or sustained property damage you should keep track of the make and model of the vehicle in question as well as its license plate and contact details If you have UIM coverage you could be compensated for your injuries Special verdict A specific verdict is required if you have been involved in a car crash that resulted in injuries This type of verdict is a judgment based on the facts 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 las cruces car accident lawyers YouTube may find that the defendant is either 70 or 100 percent responsible for the accident In other instances the jury may decide that the plaintiff is not the sole person responsible for the accident This is referred to as a no fault reduction In other words it is possible for a plaintiff to get a specialized verdict without having a defense