Car Accident Laws in Montana: What You Need to Know
Montana’s car accident laws require drivers to follow specific steps and meet insurance requirements after an accident. Here’s an overview of the essential information to guide you if you’re involved in a car accident in Montana.
Reporting a Car Accident in Montana:
According to Montana’s Uniform Accident Reporting Act, any car accident resulting in property damage, injury, or death must be reported. Failing to report an accident can lead to legal penalties, including fines or even jail time.
Montana Car Insurance Requirements:
In Montana, all drivers must show financial responsibility to legally operate a vehicle. This typically means purchasing car insurance with the following minimum coverage:
- $10,000 for property damage per accident
- $25,000 for injuries per person involved in the accident
- $50,000 for injuries per accident when multiple people are involved
Having this insurance coverage is essential to ensure that drivers can handle any liability costs in case of an accident.
Montana’s Statute of Limitations for Car Accident Claims
Montana law sets specific time limits, known as statutes of limitations, for filing accident-related lawsuits:
- Three years from the date of the accident for claims involving bodily injury.
- Two years from the accident date for property damage claims.
If you don’t file within these timeframes, you could lose the right to seek compensation. Consulting with an attorney early on can help you avoid missing these crucial deadlines.
Understanding Comparative Negligence in Montana:
Montana follows a “modified comparative negligence” rule, which affects how damages are awarded when both parties share some responsibility for the accident. If you are partially at fault, your compensation will be reduced by your percentage of fault. However, if your fault is determined to be greater than the other party’s, you may be barred from receiving any compensation.
Why Use Legal Chiefs to Find Legal Assistance?
For those seeking guidance on car accident cases in Montana, Legal Chiefs connects you with skilled attorneys who can provide valuable advice and representation. Visit our FAQ section to learn more.
Auto Accident FAQ
Your first and foremost action following an accident is to stay calm, check if you or anyone else involved has been injured, and call the police. Get the name and contact information of all parties involved in the accident as well as any witnesses of the event. To document the damage, take pictures of the accident scene, the vehicles, and your injuries. It’s important not to admit liability until you hire an attorney because they will conduct a thorough investigation to establish the driver at fault.
Right after a car accident, you may feel fine, but injuries can surface days, weeks, and even months later. That’s why it’s good to see a doctor even if you don’t believe you were injured in the accident. Your doctor can recognize issues or injuries that won’t immediately become apparent to you and alert you to warning signs of injuries that may arise due to the accident. If you fail to treat your injuries within a certain period of time, you may forfeit your right to get reimbursement for future medical costs. The general rule is not to settle auto accident claims without having been examined by a medical professional.
In most cases, you won’t have to go to court. The majority of auto accident claims are resolved outside of court after negotiating the terms with the insurer. Most insurance companies generally try to settle claims as quickly as possible and for as little money as possible, so it’s wise to have an attorney negotiate on your behalf.
In addition to taking pictures of the accident scene and taking the contact information of the involved parties and witnesses, your detailed explanation of how the accident happened is also necessary to file a claim. Law enforcement reports of the accident will also serve as crucial evidence in your claim.
Many factors determine the driver at fault in an auto accident case. Do not accept any part of the blame until the investigation has concluded. Even if the investigation finds that you are partially at fault, you may still be entitled to receive compensation.
There are cases when the victim also shares part of the blame for an accident. If, for example, you were driving five to ten mph over the speed limit when the accident happened, this would have limited your reaction time, and you could likely be considered a negligent driver even if you weren’t the one to cause the crash. Different states have different ways of settling auto accident claims where more than one driver is at fault. So it’s best to check the specific laws in your state (or the state where the accident took place) or discuss the matter with your auto accident injury lawyer.
It happens surprisingly often that people get into an auto accident where the driver at fault doesn’t have insurance. In these situations, it’s wise to have an auto insurance policy that comes with Uninsured Motorist (UM) coverage. That way, if you get into an accident and the at-fault driver doesn’t have insurance, you will still be able to file your claim under the UM coverage you have with your own insurance company. Your insurer will then process the claim following the same process as it would for an opposing insurer. The only difference is that the claim will be against your UM coverage and not against another driver.
Likewise, if you were involved in a hit-and-run accident where the responsible driver fled the scene before you could take their information, you can again seek compensation from your UM coverage.
Suppose you suffered injuries after an auto accident that was caused by another driver’s negligence. In that case, there are two main types of damages that you may seek compensation for: compensatory (a.k.a. monetary) and punitive damages.
Compensatory damages are the most common type of damages in a personal injury claim, and they often include:
● Current and future medical bills
● Property damage
● Emotional duress
● Lost wages
● Loss of enjoyment of life
● Loss of future earnings potential
On the other hand, punitive damages are much rarer, but they can occur in situations where the vehicle manufacturer is to blame.
