Table of Contents
Key Takeaways
- Montana is a tort state, meaning compensation for car accidents will be determined based on fault.
- Fault is based on comparative negligence, meaning one driver may be assigned responsibility for the accident, or drivers may share a percentage of fault.
- Working with a knowledgeable and skilled Montana car accident attorney can help you maximize compensation to help cover the costs of your injuries, property damages, and other losses.
Being involved in a car accident in Montana can be overwhelming, especially when you are faced with mounting medical bills and property damage.
Our car accident attorneys at Joyce, MacDonald, Haynes & Johnston can guide you through the legal process, protect your rights, and help you pursue the compensation you need. Our attorneys are familiar with Montana law and the insurance system. Contact us today to schedule a free consultation with one of our knowledgeable and compassionate personal injury attorneys.
Is Montana a No-Fault State or a Tort State?
Montana is a tort state (also known as an “at-fault” state). Following an accident, a claim will be opened with the at-fault driver’s insurance company. Montana uses a comparative fault system under which the parties to the collision may each be assigned fault.
How is a No-Fault State Different from a Tort State?
No-fault states differ from tort or at-fault states because in a no-fault state negligence and blame for an accident generally do not play a role in the claim process.
No-Fault State Insurance Claims
Regardless of fault, each party’s insurance company pays for the victim’s medical expenses, vehicle damage, and other losses incurred as a result of motor vehicle accidents.
Tort State Insurance Claims
Financial responsibility in a tort-based system is dictated by which driver is determined to be wholly or mostly at fault for the accident. The responsible driver is obligated to compensate victims for their injuries and damages. Victims can pursue compensation through the other driver’s insurance or a personal injury lawsuit.
What Does It Mean if You’re in an Accident in a Tort State?
Pursuing an injury claim in a tort state like Montana requires you to prove who is at fault for your injuries. It is essential not to delay in taking action. If you or one of your passengers are injured, seek medical attention as soon as possible to document any injuries and receive the necessary treatment.
Proving fault can be a complicated process in a tort state. It’s also a good idea to speak with an experienced Montana car accident attorney who can help you assemble documentation and build a strong case.
How Are Fault and Liability Determined in Montana?
After an accident occurs in a fault state like Montana, an investigation ensues to determine who was responsible. Evidence insurance companies will use to establish fault may include photos, video, police reports, and witness statements. Once fault is determined, the primary party to blame will carry most of the liability for the accident.
How Does Comparative Negligence Work in Montana?
Montana has a comparative negligence law, which means even if you were partially at fault for the collision, you might still be able to pursue compensation from the other driver. The level of responsibility you have is what will determine your ability to go after the other driver for your expenses and losses. If you are found to be 51 percent or more at fault, you cannot file against the other driver.
What Types of Insurance Are Required in Montana?
Under Montana’s law all driver must carry a minimum amount of motor vehicle liability insurance. There are other optional insurance coverages drivers may purchase.
Minimum Car Insurance Requirements
The minimum motor vehicle liability insurance you must purchase in Montana is:
- Bodily Injury Liability: $25,000 per person; $50,000 per accident (if multiple people sustain injuries)
- Property Damage Liability: $20,000 per accident
Uninsured/Underinsured Motorist Coverage
Uninsured or underinsured motorists coverage is an additional type of insurance, which can help compensate an injured individual if the at fault driver do not have any or enough insurance.
MedPay
MedPay is a form of car insurance designed to help pay for medical bills and funeral expenses regardless of fault. MedPay is a no-fault insurance option, and typically does not add much to your premium. MedPay is different from Personal Injury Protection (PIP).
Other Optional Insurance Coverage Options
Other optional insurance coverage in Montana includes comprehensive and collision coverage which can help with costs associated with property damage.
What Can I Recover After a Montana Car Accident?
After a Montana car accident, you can pursue compensation for economic damages, such as medical expenses, lost wages, and property damage, along with non-economic damages, such as pain and suffering, emotional distress, disfigurement, and loss of consortium.
How Do I File an Insurance Claim in Montana?
To file an insurance claim in Montana, you should take the following steps as soon as possible after the incident.
- Report the basic information about the accident to your insurer; do not accept fault or get into too many details before speaking with a car accident attorney.
- Gather evidence to support your claim, including photos, videos, witness contact information, copy of the police report, and medical records.
- Determine if you need to file a claim with your insurance company or the other party’s insurance.
It’s a good idea to speak to a skilled Montana personal injury attorney who can help investigate, gather evidence, and advise you on how to file.
What is the Claim Statute of Limitations for Car Accident Claims in Montana?
Montana imposes two statutes of limitations for motor vehicle accidents. You have three years from the accident date to file a personal injury lawsuit and two years from the crash date to pursue a property damage lawsuit.
Do I Need a Lawyer for a Montana Car Accident Claim?
Having an attorney may be in your best interests. A lawyer can assist with investigating the crash, proving fault, negotiating fair compensation, and, if needed, filing a lawsuit to recover damages.
Why Work With Joyce, MacDonald, Haynes & Johnston
The law firm of Joyce, MacDonald, Haynes & Johnston has proudly represented Butte and the surrounding communities in Southwest Montana and the attorneys have over 90 years of combined experience. Clients often turn to us because we are local, highly communicative, and attentive to each case.
If you select Joyce, MacDonald, Haynes & Johnston to represent you, you can count on us to advocate for your interests.
Testimonials
“I thought I had a reasonable idea how to approach my case but I found out I really didn’t know anything about how my lawsuit works. Mike and Sadie led me through this process and were very concerned not to settle too soon to make sure that my injuries were taken care of. They were very knowledgeable about the opposing side and gave me good counsel about how this will play out. They were able to get me a very fair settlement. I highly recommend them to anyone who has been injured.” – Ray M.
“Joyce & MacDonald are great lawyers. I met with Michael Haynes today and he took the time to answer all my questions. If you’re looking for a lawyer, go to Mike Haynes at Joyce & MacDonald.” – Linda C.
“Michael W. Haynes, represented me in the navigation of an insurance claim due to a car accident. Michael was very knowledgeable and proficient in his efforts, demonstrating a professional balance between diplomacy and assertiveness that was very effective. He was respectful and practiced transparency in his dealings with me, answering questions thoroughly and in a timely manner, so I felt “in the know” throughout the process, which lessened my anxiety considerably. Through his efforts my claim was settled successfully.” – Wanda J.
Maximize Your Car Accident Claim. Reach Out for a Free Consultation.
Being involved in a collision is a frightening experience, especially if you or a loved one suffers an injury. The uncertainty about being able to work or pay mounting medical bills can be stressful.
The caring and compassionate personal injury attorneys at Joyce, MacDonald, Haynes & Johnston are here for you. They will stand by your side throughout the entire insurance claim or, if necessary, the personal injury lawsuit process.
We believe everyone deserves legal representation and will take a client-focused approach to your case. To schedule a free consultation, call our law firm at 406-723-8700 or, if you prefer, fill out our online contact form. Our attorneys will review your insurance policy, give an honest assessment, and, if necessary, establish a defensive strategy.
Frequently Asked Questions
If the at-fault driver is uninsured, you can file a claim with your own insurance company if you have uninsured motorist coverage, which may help cover your medical expenses and damages.
To prove fault, you will need evidence such as the police report, photographs of the accident scene, witness statements, and any other documentation that supports your claim of liability. This is important due to how Montana’s fault-based insurance laws are structured.
Yes, you can pursue a wrongful death claim to recover damages if a loved one dies in an auto accident. Montana’s wrongful death statute of limitations is three years.
