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Car Accident Lawsuits Modified comparative negligence Modified rules on comparative negligence in car accidents allows partial reimbursement of damages even though the other party is partially to blame This idea was created to ensure that the process is fair for both parties If a person is partly responsible for an accident the court may reduce the value of their financial compensation in order to reflect their part in the accident Pure comparative negligence can also be utilized in certain states It is used to determine who was responsible for the accident In this scenario a person could be held 50 accountable for an accident and only be responsible for 1000 from the other party This is commonly known as the 50 rule The modified comparative negligence rule allows the person to claim damages from the other driver if they are at fault for the incident Pure comparative negligence doesnt have such a rule but it does allow the person to collect from the other drivers insurance company when they were the one responsible for the incident In New York for example Pure comparative negligence is a possibility when a driver violates the stop sign However the other driver was not able to prevent the accident The accident evidence will be used to determine the reason for actions during the trial Lawyers and insurance companies look into a variety of factors to determine the fault They might look into intoxication or weather conditions as well as other factors that may affect the outcome of the incident These factors could affect the amount of the damages a victim is entitled to receive from the insurance company Pure contributory negligence Pure contributory negligence in car accident lawsuits is when one or more of the parties failed to exercise adequate care and attention when driving their vehicles This is more difficult to prove in some cases than it is in other cases The amount of compensation will depend on how much fault each party is to be held accountable For instance if a driver was speeding and caused the accident theyd only be accountable for a portion of the damage whereas a passenger would be responsible for half of the damages In addition to the pure contributory negligence courts in certain jurisdictions also use the 51 Rule This rule states that an injured party is not entitled to damages when they are fifty percent or more at the fault If they are equally at fault however they can still claim a portion of their damages The contributory negligence law in New York refers to the percentage of fault the plaintiff is responsible for in an accident In lawsuits involving car accidents the failure of the plaintiff to signal or speeding are examples of contributory negligence This could limit the plaintiff from collecting damages It is important to consult an attorney prior to filing lawsuit The law of comparative negligence differs from state to state However the majority of states have a modified comparative negligence system which allows the victim to be compensated even if they contributed less than fifty percent of the fault In addition to this certain states also have the threshold of five or fifty percent percent that is the norm in numerous jurisdictions Pure contributory negligence is recognized by the law in four states and the District of Columbia A plaintiff in a car accident lawsuit would not be entitled to any compensation if an accident was the result of at least two percent of the victims blame By contrast the plaintiff would receive one percent of the total damages if she were ninetyninenine percent at fault Uninsured motorist coverage There are occasions when coverage for uninsured motorists is essential in a car accident lawsuit If the party at fault is not insured the insurance will pay for hospital expenses The 50000 minimum does not always cover serious injuries If this happens the family could be left in financial ruin Uninsured motorist coverage could help to mitigate the financial burden for the injured party and their family If the other driver does not have enough insurance to pay for your damages you might be able to make a claim against your insurance If you have uninsured motorist coverage you could try contacting the drivers insurance provider to obtain the coverage you need This will cover medical bills or property damage Your claim must be dealt with in a fair and reasonable manner by the insurer If they choose to take an antagonistic approach they may be violating their obligation to act in your best interests An experienced car accident attorney can assist you in preparing the claim file it and pursue the claim The first step to file an uninsured motorist claim is to notify your insurance company about the accident You may have to request an official statement from the insurance company of the other drivers company Certain cases have deadlines for uninsured motorist claims In these cases you will need to make an application immediately if you are able to New York law prohibits uninsured drivers from leaving an accident scene If someone is seriously hurt or property is damaged this is considered to be a crime It is crucial to disclose information to the other driver in the event that you suspect that they are in the cause of an accident Call the police immediately If youve suffered injuries or property damage it is crucial to keep track of the make and model of any other vehicle and its license plate number and contact details If you have UIM coverage you can get compensation for your injuries Special verdict A special verdict is required if you have been involved in a collision that resulted in injuries This type of verdict is a verdict based on the facts of the situation A judge may alter the form of the verdict at any time Based on the evidence the judge can quickly alter the form A jury may decide that the defendant was 70 or 100 at fault for the accident In other instances juries may decide that the plaintiff is not solely at fault for the accident fort smith car accident lawyers is known as a no fault reduction In other words it is possible for a plaintiff to receive a special ruling without having a defense