Do I Need a Lawyer for a Car Accident Settlement in Montana?

If you have been involved in a car accident in Montana, determining whether you need a lawyer can be a complex decision. Here are some crucial points to consider:

In Montana, if you are involved in a car accident, you are legally required to stop your vehicle, provide assistance to anyone injured, and report the accident to the police if there is significant property damage (over $1,000), injury, or death​. Failing to comply with these requirements can result in misdemeanor charges, fines, and even imprisonment. So, it is always important to report the collision.

Comparative Negligence in Montana

Montana follows the rule of comparative negligence. This means that if you are partially at fault for the accident, your compensation can be reduced by your percentage of fault​​. For instance, if you are found to be 20% at fault for an accident, your compensation will be reduced by 20%. Recovery is barred if your negligence exceeds 50%.

Insurance Requirements and Claims

Montana law mandates that drivers carry liability insurance with minimum coverage of $25,000 per person for bodily injury, $50,000 per accident, and $10,000 for property damage​​. This insurance is designed to cover damages to other people and property in the event of an accident. 

Underinsured/Uninsured Motorist Coverage

After an accident, you may find that the at fault driver had no insurance or minimal coverage. If this occurs, you may have additional insurance coverage that will assist in paying your medical expenses or compensating you for your injuries.

Navigating the legal landscape after a car accident can be daunting, especially when dealing with insurance companies. Here’s why hiring a car accident lawyer from Holloway and Hulling can be beneficial:

Expertise in Handling Insurance Companies

Insurance companies often aim to minimize payouts. An insurance company will begin collecting evidence to assist them in minimizing your claim once it has been opened. An experienced car accident lawyer can negotiate with insurers on your behalf to ensure you receive fair compensation. Lawyers understand the tactics used by insurance adjusters and can counteract them effectively.

Knowledge of State Laws

A lawyer familiar with Montana’s specific laws and regulations can provide invaluable assistance. They can help you understand your rights, the compensation you are entitled to, and the best course of action to take following an accident​.

Comprehensive Damage Assessment

Lawyers can help in accurately assessing the full extent of your damages. This includes not only immediate medical expenses and property damage but also long-term costs like ongoing medical treatment, lost wages, and pain and suffering​​.

Navigating Legal Procedures

Filing claims, submitting reports, and potentially taking your case to court involves complex legal procedures. A lawyer can manage these processes, ensuring all paperwork is correctly filed and deadlines are met.

1. Ensure Safety and Seek Medical Attention: First and foremost, check for injuries and seek medical attention if necessary. Safety should always be the priority.
2. Report the Accident: Notify the police if there are injuries, fatalities, or significant property damage. Montana law requires reporting accidents that result in damages over $1,000​. Reporting also ensures that an investigative crash report is created which assists insurance companies in determining fault of a driver.
3. Exchange Information: Gather contact and insurance information from all parties involved in the accident.
4. Document the Scene: Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. These can be crucial pieces of evidence later.
5. Contact a Lawyer: Reach out to an experienced car accident lawyer who can guide you through the next steps and help protect your legal rights.

In Montana, victims of car accidents can seek compensatory and punitive damages. Compensatory damages aim to cover medical expenses, lost wages, vehicle repairs, and pain and suffering​. Punitive damages, on the other hand, are awarded in cases where the defendant’s actions were particularly egregious, serving as a punishment and deterrent.

The settlement process following a car accident in Montana involves several steps:

Initial Investigation

After an accident, a thorough investigation is essential. This involves collecting evidence, interviewing witnesses, and reviewing police reports. An experienced lawyer will coordinate this investigation to build a strong case.

Medical Treatment and Documentation

Seeking medical treatment immediately after an accident is crucial, not only for health reasons but also to document injuries. Comprehensive medical records serve as vital evidence when negotiating with insurance companies or presenting a case in court.

Filing Insurance Claims

Once you have documented your injuries and gathered evidence, the next step is to file a claim with the insurance company. This process can be complex, and having a lawyer handle the negotiations can significantly improve your chances of receiving fair compensation​ (Hughes Mathews)​.

Negotiating a Settlement

Insurance companies often make initial offers that are lower than what you might be entitled to. A lawyer can negotiate on your behalf to ensure that all your expenses, including future costs related to the accident, are covered.

Litigation, if Necessary

If a fair settlement cannot be reached through negotiations, your lawyer may recommend taking the case to court. Litigation can be a lengthy process, but it may be necessary to ensure you receive the compensation you deserve.

Several factors can influence the amount of compensation you receive after a car accident in Montana:

1. Severity of Injuries

The more severe your injuries, the higher your potential compensation. This includes immediate medical expenses as well as long-term care and rehabilitation costs.

2. Impact on Quality of Life

If the accident has a significant impact on your quality of life, such as causing chronic pain or disability, you may be entitled to additional compensation for pain and suffering.

3. Lost Wages and Earning Capacity

If your injuries prevent you from working, you can claim compensation for lost wages. If you are permanently disabled and unable to return to your previous occupation, you may also be entitled to compensation for loss of future earning capacity.

4. Property Damage

Compensation for property damage includes the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.

5. Comparative Negligence

As mentioned earlier, Montana’s comparative negligence rule can affect your compensation. If you are found partially at fault, your compensation will be reduced accordingly​.

6. Insurance Coverage

There may be inadequate or minimal insurance coverage available for the damages incurred.

Car accident claims can be fraught with challenges, including:

Disputes Over Liability

Determining who is at fault in a car accident can be contentious. Insurance companies may try to shift blame to reduce their payout. An experienced lawyer can gather evidence and build a strong case to establish liability.

Underinsured or Uninsured Drivers

If the at-fault driver is underinsured or uninsured, it can complicate the process of obtaining compensation. In such cases, you may need to file a claim with your own insurance company or consider legal action against the at-fault driver.

Insurance Bad Faith

Sometimes, insurance companies act in bad faith, delaying, denying, or underpaying claims without reasonable cause. In such instances, a lawyer can take legal action against the insurance company to ensure your rights are protected.

Pre-existing conditions

Persons injured in car accidents that already suffer from chronic and continued pain, or suffer exacerbation of pre-existing conditions, often face difficulties in getting fairly compensated for the accident. An experienced lawyer can advocate and navigate this issue to improve compensation.

While it is not legally mandatory to hire a lawyer after a car accident in Montana, doing so can significantly enhance your chances of receiving fair compensation and navigating the complexities of insurance claims and legal procedures. At Holloway and Hulling, we are committed to providing expert legal assistance to help you through this challenging time. Contact us to schedule a consultation and ensure your rights are fully protected.