Key points
- When fault is reasonably clear, the at-fault insurer may have to pay medical bills as they come in.
- You can recover even if partly at fault, unless your fault is greater than the others' combined.
- Montana minimum liability limits are $25,000 per person and $50,000 per crash for injuries.
- Most claims must be filed within three years.
What we do in a car crash case
- Notify the insurers and handle the adjusters' calls for you.
- Collect the crash report, photos, witness information, and any video before it is lost.
- Track your medical care, bills and lost income, and press the at-fault insurer to pay what Montana law requires.
- Identify every available insurance policy, including your own uninsured and underinsured motorist coverage.
- Negotiate, and file suit when the insurer will not be reasonable.
Medical bills during the claim
When the other driver's fault is reasonably clear, Montana law requires their liability insurer to pay accident-related medical expenses as they are incurred, rather than holding them back to pressure a full settlement. These are often called Ridley payments, after the 1997 Montana Supreme Court decision. The Court later applied the same principle to lost wages.
Insurers can still dispute a bill if it is not reasonably clear the treatment is related to the crash. Keeping clear records of your care from day one helps.
Fault and comparative negligence
Montana uses comparative negligence. If you were partly at fault, your recovery is reduced by your percentage of fault. You can still recover as long as your fault is not greater than the fault of the people you are claiming against.
Uninsured and underinsured drivers
Montana requires liability coverage of at least $25,000 per person and $50,000 per crash for injuries. Serious injuries often exceed those limits. Your own uninsured or underinsured motorist coverage may help, and those claims have their own policy terms and deadlines.
Deadlines
Most Montana injury claims must be filed within three years of the crash. Claims involving a government vehicle or a road defect have additional steps. Do not wait until the deadline is close.
Frequently asked questions
Should I use my own insurance or the other driver's?
Often both. Your own medical payments coverage can pay bills quickly regardless of fault, and the at-fault driver's insurer is responsible for your full losses. The order matters, and we help you coordinate them.
What if I was hurt in an Uber or Lyft?
Rideshare companies carry insurance that can apply depending on whether the driver was logged in, waiting for a ride, or carrying a passenger. Get the driver's information and take screenshots of the trip in the app.
The insurer offered to settle quickly. Should I accept?
Be careful. A settlement usually requires a release that ends your claim for good, including future medical care. Talk with a lawyer before signing anything.