Table of Contents
Key Takeaways
- Uninsured motorist coverage protects you in the event an uninsured driver causes an accident.
- Drivers in Montana must have at least the minimum liability insurance on their insurance policy.
- Uninsured motorist coverage is not mandatory in Montana.
- You can sue an uninsured driver for damages.
An accident with an uninsured or underinsured motorist can leave victims struggling with overwhelming financial and emotional burdens. At Joyce, MacDonald, Haynes & Johnston, we’re here to help you navigate the Montana uninsured motorist coverage laws and fight for the compensation you deserve. Contact us today to protect your future.
“Saidee was great to work with. She responded quickly to any questions I had and was very easy to work with. I couldn’t have asked for a better lawyer or law firm. They went above and beyond in the 3 years I worked with them.” – Jon G.
Insurance Laws in Montana
Montana requires each driver to have at least the minimum liability insurance of:
- $25,000 per person bodily injury
- $50,000 per accident bodily injury
- $20,000 property damage
Uninsured motorist coverage is not required in auto insurance policies. However, we recommend that drivers have full coverage plus uninsured motorist coverage and underinsured motorist coverage. The uninsured motorist coverage should be at least the same as the liability coverage or better. It can help pay for damages you incur, including medical expenses and lost wages, if an uninsured motorist hits you.
What is Uninsured Motorist Coverage in Montana?
Uninsured motorist coverage is an additional coverage that pays for certain damages, including medical bills and lost wages, if someone who does not have insurance causes an accident. Uninsured motorist coverage can also cover you if you are involved in a hit-and-run accident. However, if you do not have uninsured motorist coverage and an uninsured driver hits you, the only way to recover any compensation is to sue the at-fault driver directly unless a third party is partially responsible for your injuries and losses.
What is Underinsured Motorist Coverage in Montana?
Underinsured motorist coverage can compensate you for your damages if the person who caused the accident is underinsured. For example, if a driver who caused the accident does have insurance but not enough to cover your damages, your underinsured coverage can cover the balance of your losses.
What Are the Minimum Insurance Requirements in Montana?
Montana law requires the following minimum coverage requirements:
- $25,000 per person and $50,000 per accident of bodily injury coverage
- $20,000 per accident of property damage insurance
If you opt for uninsured or underinsured motorist coverage, it must be at least the same as your mandatory coverage.
What Are the Penalties for Driving Without Insurance in Montana?
According to Montana’s statutes, a person driving without insurance can receive a fine of $250 to $500 for the first offense, a fine of $350 for the second offense, and a fine of $500 for the third offense. The third offense can also include a 10-day stint in jail.
The court can also suspend your registration and take your license plates for a second offense. You must furnish proof of insurance to get your registration and plates back. For the third offense, the department issues a restricted registration receipt.
If an offender is caught driving without insurance a fourth time, the court can suspend the driver’s license.
What Should I Do if I’m in a Car Accident with an Uninsured Driver?
After a car accident consider taking the following steps at the scene if you are able:
- Check on other drivers
- Call first responders.
- Take photos of the accident scene, including any damage to property.
- Obtain contact information from witnesses.
- Obtain the driver’s contact information, including the information from the driver’s license, registration, and insurance.
- Allow emergency medical technicians to check you over.
- Seek medical attention as soon as possible after the accident, even if you think your injuries are minor.
- Contact a personal injury lawyer who has experience in car accidents.
How Can I Determine That I Have Enough Insurance Coverage?
Since Montana is a tort-based state, the at-fault driver pays the other person’s damages, unlike in no-fault states where each driver’s insurance pays for damages.
The minimum liability coverage requirements are not nearly enough to cover another person’s injuries and losses, especially if the other person suffers severe or catastrophic injuries.
You can protect your personal assets by increasing your liability insurance limits. Your insurance agent can help you determine an appropriate coverage.
Additionally, you should have comprehensive coverage for collisions and damaged vehicles. Comprehensive coverage also covers your vehicle in the event of non-accident-related losses. Adding uninsured motorist coverage covers you if you are hit by someone who doesn’t have insurance and adding underinsured motorist coverage covers you if you are hit by someone who doesn’t have enough insurance.
What Does an Insurance Company Consider When Evaluating Claims?
Insurance companies can consider several factors when evaluating claims, including:
- Who is at fault and to what degree
- Economic and non-economic damages incurred
- Policy limits available
- Pre-existing conditions
- A state’s contributory or comparative negligence laws
- The type of coverage the parties have
Do I Need a Lawyer for an Uninsured Motorist Claim in Montana?
While you do not need a lawyer for an uninsured motorist claim in Montana, we recommend that you retain an experienced car accident lawyer who is familiar with insurance companies and insurance claims.
When you have an attorney, you can concentrate on recovering while the attorney deals with the insurance company and helps you recover the compensation you deserve.
Why Work with Joyce, MacDonald, Haynes & Johnston
Choose a personal injury attorney at Joyce, MacDonald, Haynes & Johnston. Our attorneys have over 90 years of combined experience with Montana’s uninsured motorist insurance laws and can help you recover the compensation you deserve.
Testimonials
“From the minute I contacted the firm, I received excellent service from Saidee Johnston. My questions were answered quickly and the process was explained clearly. It was such a relief to have them handling my case. I could concentrate on healing from my car accident, instead of worrying about insurance companies and bills. I highly recommend Joyce and MacDonald PLLP.” – Debbie B.
“I highly recommend Joyce & MacDonald PLLP for your legal needs. They are trustworthy, understanding, professional and go above and beyond for their clients. I will continue to use Joyce & MacDonald PLLP with complete confidence in the future.” – Hannah F.
Discuss Your Claim with an Attorney—Schedule Your Free Consultation Today
If you sustained injuries or lost a loved one in a car accident, contact an experienced Montana car accident lawyer as soon as possible for a free consultation. We will examine your case and fight for the compensation that you deserve for your injuries. You can reach us at 406-723-8700 or through our online contact form.
Frequently Asked Questions
No, uninsured motorist coverage is not mandatory in Montana, but it is recommended. Insurance companies must offer uninsured coverage to policyholders.
Yes, you can file a claim, even if you were partially at fault. Montana’s comparative negligence laws allow recovery of damages based on the degree of fault.
If your insurance company denies your claim, review your policy coverage details. Gather supporting evidence and consider appealing the decision or seeking legal advice.
Certain vehicles and drivers are exempt from Montana’s liability insurance requirements. They include government-owned vehicles, self-insured fleets, and some agricultural equipment. If you injured in an accident that was caused by an exempt vehicle, you may be able to recover compensation through your uninsured motorist coverage.
Yes, you can sue an uninsured driver for damages after an accident. However, collecting the compensation the Court awards you may be difficult if the driver does not have sufficient assets.
