How to protect your rights and build a strong injury claim after a Montana car accident.
On average, four Montana residents die each week in motor vehicle accidents, and many more are injured.¹
Car accident victims in Montana can file a claim or lawsuit seeking compensation from the at-fault driver. Here’s what you need to know if you’re involved in a collision.
What to Do After a Montana Car Accident
Drivers who violate Montana car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Here are five steps after a crash to protect your interests.
1. Stay At the Scene and Exchange Information
Montana drivers are required to stop and remain at the scene of an accident involving injury or death. Drivers must exchange their name and address, the registration number for their vehicle, and show their driver’s license to the driver and occupants of the other vehicle upon request.
2. Call 911 and Help the Injured
In Montana, drivers are required to report any accident to the police that involves an injury, death, or property damage over $1,000 by the quickest means available. Calling 911 and waiting for law enforcement to arrive satisfies your legal obligation to report the crash.
Montana requires drivers to render aid to accident victims, including arranging transportation for the injured person to a medical facility. When you call 911 to report the accident, tell the dispatcher if anyone appears to be injured or is asking for medical help.
3. Seek Prompt Medical Treatment
Never refuse or delay medical attention after a motor vehicle accident. Some types of injuries, like concussions or internal bleeding, might not show symptoms right away. The shock or stress from a violent collision can mask pain and signs of injury.
Delaying medical attention after a crash not only risks your health, it also gives the insurance company an excuse to deny or minimize your claim.
Let emergency responders look you over at the scene. If they want to transport you to the nearest ER, go with them. If you aren’t taken directly to the hospital from the scene, seek medical attention on your own, preferably on the same day as the crash.
Tell the medical provider about every injury and symptom you’ve had since the crash. You need a record linking your injuries to the accident. Detailed medical records are critical evidence when filing an injury claim or lawsuit.
4. Gather Evidence From the Scene
In an at-fault liability state like Montana, the burden is on you to prove the other driver caused the accident. When you make an insurance claim or file a lawsuit, you need evidence to show that the other driver did something wrong or failed to do what a reasonable person would do to prevent the accident.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
If you hire an attorney, they will handle all communications with the insurance companies. If you decide to handle your own claim, it will be up to you to notify both insurance companies of the crash, no matter who was at fault.
You don’t have to complete your medical treatments before giving notification. Start by notifying the at-fault driver’s insurer of your intent to file an injury claim. You will typically get a reply letter with a claim number and the adjuster’s contact information.
You might get a phone call from an adjuster offering you a quick settlement. Be careful. Offering fast cash is an adjuster tactic to see if you’re desperate enough to take the money and run.
Adjusters want to settle claims as quickly and cheaply as possible, and most act like they are doing you a favor. They are trained to ask leading questions and can trick you into saying things that hurt your claim.
It’s rarely in your best interest to settle a claim while still treating your injuries. Just tell the adjuster you’ll get back to them when you’re ready to discuss settlement.
Why Notify Your Own Insurance Company?
Your auto policy is a binding contract that includes a “notification and cooperation” clause. The clause says you must promptly notify your insurance company of an accident, no matter who’s at fault. Your insurance company also has legal obligations, like a duty to defend you against lawsuits brought by others involved in the accident.
You can lose valuable legal protections if you don’t hold up your end of the contract, like notifying the insurer of an accident and then cooperating with their investigation.
You won’t have to notify or deal with either insurance company if you hire an attorney. Adjusters won’t be allowed to contact you directly. Your attorney will handle all communications. Severe or complicated cases should always be handled by an experienced attorney to ensure the best outcome.
Montana Fault and Liability Rules
Montana is a traditional fault state. Car accident victims can pursue compensation from the at-fault driver and any other liable parties.
Other liable parties might include the at-fault driver’s employer if they were on the job when the accident happened. Sometimes car accident victims must sue their own insurance company to make them pay uninsured or underinsured motorist benefits.
Before you see any compensation for your injuries, you must prove the other driver’s fault to the insurance company or a jury.
Montana Shared Fault Rules
Montana is a 51 percent modified comparative fault state, meaning you can seek compensation from the other party so long as you are not more to blame than they are. Your final compensation amount will be reduced by your percentage of fault.
Example of Modified Comparative Fault in Montana
It was snowing as Logan drove along Casey Street approaching Iowa Avenue in Butte. When a dog ran across the road, he slammed on the brakes.
Sam was also driving on Casey Street, following behind Logan’s vehicle. He was arguing with his girlfriend on his cell phone and didn’t notice that the car in front of him had stopped. Sam’s pickup slammed into the back of Logan’s car.
Logan wasn’t wearing a safety belt, and was thrown violently forward, smashing his head against the windshield. He suffered a skull fracture and concussion.
Logan filed a $50,000 injury claim with Sam’s insurance company. When negotiations failed, Logan filed a lawsuit against Sam.
At trial, the jury found Sam to be 80 percent to blame for following too closely and not paying attention to the road. However, the jury determined that Logan was 20 percent to blame for his injuries. He would not have been thrown into the windshield if he had been wearing his seat belt.
Because of Montana’s modified comparative fault rule, Logan was awarded $40,000, representing a 20 percent reduction to his claim value.
Montana Car Accident Compensation
The average settlement for a moderate car accident claim in Montana is $38,501, with average payouts ranging from $4,406 for minor injuries to $233,986 for severe injuries.
Injury settlements in Montana can vary widely, depending on the circumstances of the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Missoula County, Pepper v. Holmquist, DV 01-8, the plaintiff was awarded $1,250 for soft-tissue injuries. The defendant said she was traveling slower than five miles per hour.
- In Cascade County, Yeager v. Morris, BCV-11-0694, the jury awarded $423,056 to a plaintiff who suffered spinal herniations after being rear-ended by a 16-ton tractor-trailer.
Factors that impact Montana car accident compensation:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like buses, delivery trucks, and tractor-trailers carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
Montana State Minimum Insurance Requirements
Anyone who owns a vehicle in Montana must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, and $20,000 for property damage.
Montana requires auto policies to have uninsured motorist (UM) coverage for bodily injuries equal to the policy’s liability limits, unless the policyholder has rejected UM coverage in writing. Underinsured motorist (UIM) coverage is optional.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, like medical bills, out-of-pocket costs, and lost wages, then adding one to three times that amount for your non-economic damages, also called pain and suffering.
The amount an adjuster is willing to pay for pain and suffering depends on how much your injuries interfered with your daily activities. A multiple of one is reasonable for a few days in the recliner with a heating pad. A multiple of two or three can be justified when a torn rotator cuff limited your activities for several months.
Serious injury claims should be handled by an experienced personal injury attorney for the best outcome. Your attorney can discover evidence of the other driver’s fault that you can’t get yourself, and will seek expert testimony to support your current and future damages.
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