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Car Accident Lawsuits Modified comparative negligence Modified comparative negligence rules in car accident lawsuits permits partial recovery of damages even though the other party was partly to blame This idea was created to create a more equitable process for both parties If a person is partly responsible for an accident the court can reduce the amount of their financial compensation to reflect the contribution they made to the accident In certain states pure negligence can be applied It is used to determine who was more responsible for the accident In this case one person could be responsible for 50 of an accident but only 1000 from the other party This is commonly known as the 50 bar rule Modified rules for comparative negligence allow individuals to seek damages from the other driver in the event that they were at fault in an accident Pure comparative negligence doesnt have such a rule however it allows individuals to collect damages from the insurance company in the event they were at fault for the incident Pure comparative negligence is a form of negligence which is a possibility in New York The other driver was unable to stop the collision The evidence of an accident will be used to determine the reason for actions during the trial Different factors will be looked into by attorneys and insurance companies to determine the fault They might look into intoxication weather conditions and other factors that might impact the severity of the accident These factors can even impact the amount of compensation a plaintiff is entitled to from an insurance company Pure contributory negligence Pure contributory negligence in car accidents lawsuits refers to the fact that one or more parties failed to exercise reasonable care and attention while operating their cars This is easier to prove in certain cases than in others The amount of the recovery will depend on how much the parties are to be held accountable If the driver was responsible for an accident by speeding for instance the driver will only be responsible for a small portion of the damage A passenger could be responsible for half the damages In addition to pure contributory negligence courts in certain jurisdictions also apply the 51 percent rule This rule states that the person who is injured cannot claim damages when they are fifty percent or more at the fault If they are equally at fault however they can still recover a portion their losses The contributory negligence in New York refers to the proportion of blame the plaintiff carries in an accident In lawsuits involving car accidents the failure of the plaintiff to signal or speeding are instances of contributory negligence This can prevent the plaintiff from recovering damages This is why it is crucial to consult with an attorney prior to making a lawsuit The law of comparative negligence varies from state to state The majority of states have the modified comparative negligence system that allows an injured party to receive compensation even though they are not responsible for more than 50 of the fault In addition there are some states that have a threshold of five or fifty percent percent that is the norm in numerous jurisdictions Pure negligent contributory is recognized by the law in four states and the District of Columbia A plaintiff in a car crash lawsuit will not be entitled any kind of compensation if the accident was the result of at least two percent of the victims responsibility However the plaintiff could receive one percent of the total damages if he was ninetynine percent to blame Uninsured motorist coverage There are occasions when uninsured motorist coverage is required in a car accident lawsuit If the party responsible for the accident is not insured the coverage will pay for the hospital bills The minimum of 50000 doesnt always cover serious injuries A family could be financially devastated should this happen Uninsured gary car accident attorney YouTube could help reduce the financial burden on the family of the victim If the other driver does not have enough insurance to cover your damages you may be eligible to file an insurance claim against your policy If you are not covered by your uninsured motorist coverage you can try contacting the other drivers insurer to get the coverage you need This will cover costs for medical bills or property damage Your claim should be handled in a fair and reasonable manner by the insurance company If they use an adversarial approach they may be violating their obligation to act in your best interests An experienced lawyer can assist you file and prepare the claim The first step in filing an uninsured motorist claim is to inform your insurance company about the incident You may have to request a statement from the insurance company Certain cases have specific deadlines for claims by uninsured motorists In such cases youll require submitting an application in the earliest time possible In New York the law prohibits the driver of an uninsured vehicle from leaving the scene of an accident This is illegal if a person is injured or property damage is extensive It is essential to communicate information with the driver who was driving you if you suspect that they are responsible for an accident Contact the police immediately If youve been injured or sustained property damage you should remember the model and make of the other vehicle as well as its license plate and the contact number If you have UIM coverage you could get compensation for your injuries Special verdict A special verdict is required if youve been in a car accident that resulted into injuries The type of verdict you receive is a judgment made based on the facts in the situation The style of the verdict is subject to the discretion of the judge The judge may alter the form rapidly based on the evidence provided A jury may decide that a defendant was either 70 or 100 percent responsible for the accident However in other cases the jury could find that a plaintiff isnt solely responsible for the accident This is referred to as a no fault reduction A plaintiff may still be able to obtain a special verdict even if they dont have a specific defense
