Rental car, medical bills, lost wages: what a Montana injury claim can cover

The starting point

Montana law provides that a person injured by someone else's wrongful conduct may recover compensatory damages, measured as the amount that will compensate for all the harm the conduct proximately caused. Every claim is different, and what can be recovered depends on the facts, who was at fault and the insurance available. But the categories below come up in nearly every crash.

A rental car or loss of use

When your vehicle is damaged, the Montana Supreme Court has long allowed recovery for the loss of its use while it is being repaired, in addition to the cost of repairs. That loss is generally measured over the time reasonably needed to make the repairs. In practice, it often means a rental car. We help clients press the at-fault insurer for a rental promptly and push back when it tries to cut the rental short.

Medical expenses

A claim can include emergency care, doctor and therapy visits, imaging, prescriptions, and future care your doctors expect you to need. Two Montana rules are worth knowing:

• When liability is reasonably clear, the at-fault driver's insurer may have to pay accident-related medical bills as they are incurred, before a final settlement and without requiring a release. These are often called Ridley payments.
• Montana generally measures medical damages by the amounts actually paid or owed for your care, rather than the full billed amount. Careful records of what was billed, paid, adjusted and still owed matter.

Lost wages and earning ability

Time missed from work for injuries, appointments and recovery can be part of the claim. So can lost overtime, use of sick or vacation leave, and, in more serious cases, a reduced ability to earn in the future. The Montana Supreme Court has applied the Ridley rule to lost wages, so they may also be payable before final settlement when liability is reasonably clear.

Damaged property

Repair costs or, for a total loss, the value of the vehicle. Personal property damaged in the crash, such as a phone, child car seat, tools or eyeglasses, can be included too.

Out-of-pocket costs of getting care

Mileage and parking for medical appointments, medical equipment such as braces or crutches, and help at home you would not otherwise need are examples of costs that can be part of the harm caused by the crash. Keep receipts and a simple mileage log.

Pain and the effect on your life

A claim is not only about bills. Physical pain, emotional distress and the loss of activities you enjoyed are real harms that Montana law recognizes.

How we help

We identify every source of coverage, demand a rental and Ridley payments when the facts support them, gather the records and bills, and document each loss so it is not overlooked when the claim is presented. We cannot promise any particular result, but we make sure the full claim is presented.

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