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Car Accident Lawsuits Modified comparative negligence Modified comparative negligence rules in car accident lawsuits allows partial recovery of damages even if the other party is partially to blame This idea was created to ensure that the process is fair for both parties A court can limit the amount of financial compensation payable if a person is partially responsible for the accident in order to reflect their role In certain states pure negligence may also be used It is used to determine who is more accountable for the incident In this instance one person could be held 50 accountable for an accident but only 1000 from the other party This is known as the 50 rule The modified comparative negligence rule allows an individual to seek damages from the other driver when they were responsible for the accident Pure comparative negligence does not have such a rule However it allows a person to collect damages from the other drivers insurance company in the event that they were to blame Pure comparative negligence is a form of negligence which is a possibility in New York The other driver was not able to prevent the collision During the trial the evidence from the accident will help determine the root cause Lawyers and insurance companies examine a variety factors to determine fault Lawyers and insurance companies can look into inebriation and weather conditions or other factors that may have an impact on the crash These factors may even affect the amount of damages 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 of the parties did not take reasonable care and pay attention when operating their vehicles This is more difficult to prove in certain cases than it is in others The amount of compensation will depend on how much blame each party is held responsible If the driver was responsible for an accident through speeding for instance the driver would only be accountable for a small portion of the damages A passenger would be responsible for half the damage Some courts also apply the 51 Rule which is in addition to the principle of contributory negligence An injured party is not able to recover damages if it is more than fifty percent at fault If they are equally at fault however they can still seek compensation for a portion of their damages The contributory negligence in New York refers to the percentage of fault the plaintiff bears in an accident Contributory negligence occurs when the plaintiff fails to notify or speeds up in a car crash case This could hinder the plaintiff from collecting damages It is therefore important to consult an attorney before making a claim The law of comparative negligence is different from state to state However the majority of states have a modified comparative negligence system that permits the victim to receive compensation 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 standard for numerous jurisdictions Pure negligent contributory is recognized by the law in four states and the District of Columbia A plaintiff in a car accident lawsuit will not be entitled to any compensation if the incident was caused by at least two percent of the victims negligence However the plaintiff would receive one percent of the total damages if they were ninetyninenine percent at fault Uninsured You Tube There are occasions when uninsured motorist insurance is required in a car accident lawsuit This coverage will pay for the hospital bills if the party at fault is not insured enough The minimum of 50000 is not always enough to cover the costs of an injury that is severe A family could end up in financial ruin when this happens Uninsured motorist insurance can help reduce the financial burden for the person injured and their family When the other driver does not have enough insurance to cover the damages You may be able to claim your own insurance for this amount You can contact the insurance company of the other driver if you have uninsured motorist coverage to get the coverage you require This will assist in covering the costs of any medical expenses and property damage that may occur The insurer must handle your claim in an honest and fair manner They may not be acting in your best interests if they approach you in an adversarial manner An experienced lawyer for car accidents will assist you in preparing your claim as well as file it and pursue the claim First notify your insurance company about the accident You may be required to request an insurance company of the driver who was at fault In some cases the claims of uninsured motorists are subject to strict deadlines In such instances you might have to file an application immediately if you are able to In New York the law prohibits the driver of a vehicle that is not insured from leaving the scene of an accident This is illegal if a person is injured or property damage is substantial If you believe there is a fault in an accident its important to exchange information with the other driver and then call the police immediately If you were injured or sustained property damage try to remember the model and make of the car that was involved along with its license plate as well as contact information If you have UIM coverage you are able to get compensation for your injuries Special verdict A specific verdict is required if you have been involved in a collision which resulted in injuries The type of verdict you receive is a judgment made based on facts A judge can modify the form of the verdict at his discretion The judge can modify the form rapidly based on the evidence presented The jury could conclude that a defendant is 70 or percent responsible for the crash In other situations a jury may find that the plaintiff is not solely responsible for the accident This is referred to as a no fault reduction In other words it is possible for a plaintiff to receive a special ruling without a special defense