When you suffer injuries in a car accident caused by an uninsured driver in Montana, you have legal options to recover compensation for your damages. This guide explains how uninsured motorist (UM) coverage works, what damages you can recover, and the steps to take after an accident. If you need experienced legal representation, the car accident lawyers at Travis & Brann, PLLP can help you navigate your claim and maximize your recovery. Our Kalispell personal injury attorneys understand Montana insurance law and work to ensure you receive fair compensation.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage protects you when the at-fault driver has no insurance or cannot be identified. In Montana, uninsured driving remains a concern, making UM coverage an important safeguard for accident victims. According to the Montana Department of Motor Vehicles, uninsured driving remains a significant issue affecting thousands of accident victims annually.
Key Points About Montana Uninsured Motorist Coverage:
- UM coverage is optional, not mandatory (only liability coverage is required)
- Insurers must offer UM coverage to all policyholders
- Recommended UM limits match liability minimums: $25,000 per person / $50,000 per accident
- Coverage applies to hit-and-run accidents where the driver cannot be identified
- UM coverage is portable across multiple vehicles you own
Montana’s Comparative Negligence Rule
Montana follows a modified comparative negligence system. Under this rule, you can recover damages if you are 50% or less at fault for the accident. Your recovery amount is reduced by your percentage of fault. To learn more about how this applies to your specific situation, consult with personal injury attorneys in Kalispell.
Example: If you are 30% at fault and your damages total $10,000, you can recover $7,000 (your $10,000 damages minus your 30% fault).
This rule applies to uninsured motorist claims just as it does to regular personal injury cases. Understanding comparative negligence laws in Kalispell, MT is essential when evaluating your claim’s value. Many accident victims are surprised to learn they can still recover damages even when partially at fault.
What Damages Can You Recover?
Montana law allows you to recover several types of damages in uninsured motorist claims:
Recoverable Damages Include:
- Medical expenses (emergency care, surgery, rehabilitation, ongoing treatment)
- Lost wages and lost earning capacity
- Pain and suffering (non-economic damages)
- Property damage to your vehicle
- Other accident-related expenses
Montana does not impose statutory caps on these damages, allowing you to recover the full extent of your losses. Understanding how to maximize your compensation is critical when negotiating with insurance companies. For guidance on calculating your specific damages, contact Travis & Brann, PLLP for a free consultation.
The Statute of Limitations for Uninsured Motorist Claims
You have three years from the date of your accident or injury to file a claim for damages related to an uninsured motorist accident. This deadline is critical—failure to file within this timeframe results in loss of your right to compensation. According to the Montana Code Annotated § 27-2-204, this statute of limitations applies strictly to all personal injury claims.
Important: This three-year deadline applies to both direct claims against uninsured drivers and claims under your own uninsured motorist coverage. Learn more about how long after an accident you can sue in Montana. Waiting too long to pursue your claim could result in losing your right to compensation entirely.
Hit-and-Run Accidents and Uninsured Motorist Coverage
In Montana, hit-and-run drivers are treated as uninsured motorists under the law. If you are struck by a vehicle whose driver flees the scene, your uninsured motorist coverage applies to your claim. Hit-and-run accidents require immediate action and proper documentation to protect your rights. The Montana Department of Motor Vehicles provides resources for reporting hit-and-run incidents to law enforcement.
Requirements for Hit-and-Run Claims:
- You must report the accident to law enforcement
- You must provide evidence of the collision (vehicle damage, witness statements, etc.)
- Your UM coverage applies even if the driver is never identified
- You can recover the same damages as in other uninsured motorist claims
Underinsured Motorist Coverage: Additional Protection
Underinsured motorist (UIM) coverage is separate from uninsured motorist coverage. UIM protects you when the at-fault driver’s insurance is insufficient to cover your damages. This coverage works alongside your UM protection to ensure comprehensive accident recovery. Many accident victims overlook UIM coverage, which can be critical when facing significant medical bills and lost income.
Key Differences:
- UM applies when the driver has no insurance
- UIM applies when the driver’s insurance limits are too low for your damages
- Both coverages are optional but recommended
- Both can be stacked across multiple vehicles (subject to policy language)
- Insurers must offer both coverages to policyholders
Important Limitations and Exclusions
Your uninsured motorist coverage may include exclusions depending on your specific policy. Common exclusions include:
Typical Policy Exclusions:
- Ridesharing activities (Uber, Lyft) when actively providing rides for compensation
- Named family members if specifically excluded in your policy
- Non-permissive use (driving without permission)
- Unlisted vehicles or business-use vehicles
- Intentional acts or criminal conduct
Important: Review your specific policy documents to understand what exclusions apply to your coverage. All exclusions are policy-specific and vary by insurer. Contact Travis & Brann, PLLP‘s legal team to review your policy and understand your coverage options. Our attorneys can identify potential coverage issues before they become problems.
Stacking Your Uninsured Motorist Coverage
Montana allows stacking of uninsured motorist coverage across multiple vehicles you own. However, stacking is not automatic and depends on your policy language and premium structure. Montana case law generally permits stacking of UM coverage when separate premiums have been paid, unless the policy clearly and unambiguously prohibits it.
What You Should Know About Stacking:
- Vertical stacking: Multiple vehicles under one policy can have combined UM limits
- Horizontal stacking: Multiple separate policies may allow combined UM limits
- Stacking applies to bodily injury coverage only, not property damage
- Your insurer may dispute stacking rights based on policy language
- Review your policy or consult an attorney to determine if stacking applies to your coverage
Penalties for Uninsured Driving in Montana
Montana imposes significant penalties on drivers who operate vehicles without insurance:
Uninsured Driving Penalties:
- First offense: $250-$500 fine or up to 10 days in jail
- License suspension
- Escalating penalties for repeat violations
- Criminal charges possible in certain circumstances
These penalties reflect Montana’s commitment to ensuring drivers maintain adequate insurance coverage. For more information on Montana traffic laws, visit the Montana Department of Motor Vehicles. Understanding these penalties helps illustrate why uninsured motorist coverage is so important for your protection.
When Punitive Damages May Apply
Punitive damages are generally not available against uninsured motorists in standard accident cases. However, punitive damages may be available if your insurance company acts in bad faith by wrongfully denying a legitimate uninsured motorist claim.
Punitive Damages Against Insurance Companies:
- Available only for bad faith conduct by the insurer
- Montana statutory cap: $10 million or 3% of the defendant’s net worth (whichever is less)
- Requires proof of actual fraud or actual malice
- Separate from your uninsured motorist claim damages
If your insurer wrongfully denies your legitimate UM claim, consult an attorney about potential bad faith claims. Learn more about punitive damages for negligence. Insurance companies have a legal duty to handle your claim fairly and in good faith.
Steps to Take After an Uninsured Motorist Accident
Immediate Actions:
- Seek medical attention for any injuries
- Call law enforcement and report the accident
- Document the scene with photos and video
- Collect witness contact information
- Obtain the other driver’s information if possible
Within Days:
- Report the accident to your insurance company
- Preserve all medical records and bills
- Keep records of lost wages and expenses
- Document your injuries and recovery process
Legal Considerations:
- Consult an attorney before accepting any settlement offer
- Understand your policy coverage limits and exclusions
- Know your three-year statute of limitations deadline
- Consider whether your damages exceed your UM coverage limits
Taking these steps protects your legal rights and strengthens your claim. Learn how car accident settlements work to understand what to expect during the claims process.
How Travis & Brann, PLLP Can Help
If you have been injured in an uninsured motorist accident in Montana, the attorneys at Travis & Brann, PLLP provide experienced representation to help you recover the compensation you deserve. Our team has successfully handled numerous uninsured motorist claims and understands the complexities of Montana insurance law.
Our services include:
- Free initial consultation to evaluate your claim
- Thorough investigation of your accident
- Negotiation with insurance companies
- Representation in disputes over coverage or damages
- Litigation, if necessary, to protect your rights
We handle uninsured motorist claims on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Read our client testimonials to see how we’ve helped accident victims throughout Montana.
If you have questions about your uninsured motorist claim or need legal representation, contact our Kalispell office online or give us a call (406) 752-7550