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Car Accident Lawsuits Modified comparative negligence Modified rules on comparative negligence in car accident lawsuits allow partial recovery of damages even though the other party is partially to blame This concept was developed to make the process more fair for both parties A court may reduce the amount of financial compensation awarded if someone is partially responsible for the accident in order to reflect their part in the cause In some states the concept of pure negligence can be applied It is applied to determine who was more at fault for the accident In this instance one could be at fault for 50 of the blame for an accident and receive only 1000 from the other party This is commonly referred to as the 50 bar rule The modified comparative negligence rule allows a person to collect damages from the other driver when they were responsible for the accident Pure comparative negligence does not have such a rule however it allows an individual to collect from the insurance company when they were the one responsible for the incident Pure comparative negligence is a kind of negligence that can be found in New York However the other driver was not able to prevent the accident The evidence from an accident will be used to determine the reason for action during the trial Insurance companies and attorneys will investigate a variety of factors to determine fault They might look into intoxication or weather conditions as well as other factors that might impact the severity of the accident These elements can affect the amount of compensation a plaintiff is entitled to from an insurance company Pure contributory negligence Pure contributory negligence in car accident lawsuits refers to the fact that one or more parties failed to take reasonable care and pay attention when operating their vehicles This is more difficult to prove in some instances than in others The percentage of blame each person carries will determine the amount that can be recovered If the driver caused an accident due to speeding for instance it would only be accountable only for a fraction of damages A passenger could be responsible for half the damage Some courts also apply the 51 percent rule which is in addition to pure contributory negligence According to this rule an injured party is not entitled to damages in the event that they are fiftyone percent or more at fault chattanooga car accident attorney You Tube can still collect an amount if theyre equally accountable The contributory negligence in New York refers to the proportion of blame that the plaintiff has to bear in an accident Contributory negligence occurs when a plaintiff fails to signal or speeds up in a car accident case This can hinder the plaintiff from obtaining damages It is important to consult an attorney prior to filing an action Each state has its own laws on comparative negligence But most states have a modified law of comparative negligence that permits the injured party to be compensated even though they contributed less than fifty percent of the fault Some states have an upper limit of fifty per cent or five percent which is the norm for various jurisdictions In four states and the District of Columbia pure contributory negligence is recognized by the law A plaintiff in a lawsuit involving a car accident is not entitled to any compensation if the accident was caused by at minimum two percent of the victims negligence A plaintiff could be entitled to a portion of the total damages when she was ninety nine percent at fault Uninsured motorist coverage There are times when coverage for uninsured motorists is necessary in a car accident lawsuit This insurance covers the hospital bills if the party at fault doesnt have enough insurance The 50000 minimum does not always cover serious injuries A family could end up financially devastated when this happens Uninsured motorist coverage could assist in reducing the financial burden on the family members of the victim If the other driver does not have enough insurance to cover your damages You may be able to file a claim on your own policy for this amount You can reach out to the insurer of the other driver if you do not have insurance motorist coverage to obtain the coverage you need This will cover medical expenses or property damage The insurer must handle your claim in an honest and fair manner If they adopt an antagonistic approach they may be in violation of their obligation to act in your best interest A knowledgeable attorney can assist you prepare and file the claim The first step in filing an uninsured motorist claim is to notify your insurance company about the incident You may be required to request a statement form the insurance company of the driver who was at fault Certain cases have strict deadlines for claims filed by uninsured drivers In these cases you might need to make a claim as quickly as possible New York law prohibits uninsured drivers from leaving an accident site If someone is seriously hurt or property is damaged this is not legal It is crucial to share information with the driver of the other vehicle if you suspect they were at fault for an accident Call the police immediately If youve been injured or suffered property damage you should remember the model and make of the other vehicle its license plate and contact details If you have UIM coverage you can get compensation for your injuries Special verdict If youve been involved in a car accident and suffered injuries the first step is to seek a specialized verdict This kind of verdict is a judgment based on the facts A judge may alter the form of the verdict at his discretion Based on the evidence the judge may quickly modify the form The jury could conclude that the defendant is 70 or responsible for the accident In other instances the jury may decide that the plaintiff was not the sole person responsible for the accident This is known as a no fault reduction A plaintiff is still able to get an additional verdict even if they do not have a specific defense