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Car Accident Lawsuits Modified comparative negligence The modified comparative negligence rule in car accident lawsuits is a legal doctrine that allows for partial recovery of damages even if other party was partially at the fault This concept was developed to ensure that the process is equitable for both parties If a person is partially at fault for an accident the court could reduce the value of their financial compensation to reflect the contribution they made to the accident In some states the concept of pure negligence can be applied It is used to determine who was more responsible for the accident In this scenario one person could be held 50 accountable for an accident and only 1000 from the other party This is commonly referred to as the 50 bar rule The modified comparative negligence rule allows an individual to seek damages from the other driver when they were the one responsible for the incident Pure comparative negligence does not have such a rule However it permits individuals to collect damages from the other drivers insurance company when they were the cause of the accident In New York for example the law applies to pure comparative negligence when a driver violates an intersections stop sign The other driver was not able to stop the accident During the trial the evidence of the accident will help determine the cause of action Lawyers and insurance companies will investigate a variety of factors to determine the fault Lawyers and insurance companies can investigate inebriation weather conditions or other factors that may have an impact on the crash These factors may even affect the amount of damages a victim is entitled to from an insurance company Pure contributory negligence Pure negligent in car accidents lawsuits refers to the fact that one or more parties did not take reasonable care and pay attention when operating their vehicles You Tube is more difficult to prove in some cases than it is in other cases The proportion of fault each person is responsible for will determine the amount of the recovery If the driver was responsible for an accident by speeding for example it would only be accountable for a portion of damage A passenger could be responsible for half the damages Some courts also apply the 51 Rule which is in addition to the principle of contributory negligence In this rule the injured party is not able to recover damages when they are fifty percent or more at fault However they can still claim a portion if they are equally accountable In New York contributory negligence is the percentage of fault that the plaintiff carries in the incident In car accident lawsuits the failure of a plaintiff to signal or speeding are instances of contributory negligence This can hinder the plaintiff from collecting damages It is essential to talk to an attorney prior to filing a lawsuit The law of comparative negligence differs from state to state Most states recognize a modified comparative neglect system that allows the victim to receive compensation even though they contributed less than 50 of the blame Some states have an upper limit of fifty percent or five percent that is the norm for numerous jurisdictions In four states and the District of Columbia pure contributory negligence is recognized by the law A plaintiff in a car accident lawsuit will not be entitled any compensation if the incident was caused by at least two percent of the victims blame In contrast a plaintiff would receive one percent of the total damages if she was ninetynine percent responsible for the accident Uninsured motorist coverage Uninsured motorist coverage may be required in a vehicle accident case This coverage pays for the hospital bill in the event that the person responsible for the crash does not have enough insurance The minimum of 50000 doesnt always cover serious injuries When this happens the family could be left in financial ruin Uninsured motorist coverage can assist in reducing the financial impact on the person injured and their family If the other driver doesnt have enough insurance to pay for your damages you may be able to file a claim against your own insurance for this amount If you do not have insurance for your motorist coverage you can try contacting the other drivers insurance company to obtain the coverage you require This will help to cover the costs of medical bills and any property damage that occurs The insurance company must handle your claim in an equitable and reasonable manner They may not be acting in your best interest if they contact you in a hostile way An experienced car accident attorney can assist you in preparing the claim file it and pursue the claim The first step in filing an uninsured motorist claim is to inform your insurance company about the accident You may need to request a statement form the insurance company of the driver who was at fault Certain cases have strict deadlines for claims from uninsured motorists In these instances you might be required to file a claim as soon as you can In New York the law prohibits the driver of a car that is not insured from leaving the scene of an accident If someone is seriously hurt or property is damaged it is illegal It is crucial to provide information to the other driver in the event that you suspect that they are responsible for the accident Make sure to contact the police immediately If you were injured or suffered property damage try to keep track of the make and model of the car that was involved along with its license plate as well as contact information If you have UIM coverage you could get compensation for your injuries Special verdict A specific verdict is required if youve been in a car accident that caused injuries This type of verdict is a verdict made based on facts A judge may alter the form of the verdict at his discretion The judge can alter the form rapidly based on the evidence that has been presented A jury could decide that the defendant was either 70 or 100 at fault for the accident In other instances however a jury could decide that the plaintiff was not the sole person responsible for the accident This is referred to as a no fault reduction A plaintiff may still be able to obtain an extra verdict even if they do not have a defense that is unique to them