Key points
- You generally do not have to give the other driver's insurer a recorded statement.
- When liability is reasonably clear, medical bills may have to be paid as they come in.
- A signed release usually ends your claim for good.
Your insurer and theirs are different
Your own insurer is a party to a contract with you, and your policy may require you to report the crash promptly and cooperate. The other driver's insurer has no contract with you. Its job is to pay as little as the law allows.
Recorded statements
You are generally not required to give the other driver's insurer a recorded statement. Statements given while you are hurting or medicated can be used later to minimize your injuries. It is fine to say you will have your lawyer contact them.
Medical authorizations
Insurers often ask you to sign a broad authorization for all of your medical records, including care that has nothing to do with the crash. You can decline. Records related to the crash can be provided in an organized way when the claim is presented.
Medical bills before settlement
When liability is reasonably clear, the Montana Supreme Court has held that the at-fault driver's insurer must pay accident-related medical expenses as they are incurred, before a final settlement and without requiring a release. The Court later extended this to lost wages. These are often called Ridley payments.
Releases and quick offers
A release usually ends your claim for good. Once you sign it, you generally cannot ask for more, even if you later need surgery. Do not sign a release until you understand your injuries and your future care.
What to say
| Fine to share | Wait to discuss |
|---|---|
| Your name and contact information | How the crash happened, in a recorded call |
| Your insurance information | Your injuries and prognosis |
| That you have a lawyer, if you do | Settlement amounts |