Being injured in a car accident is stressful enough. Finding out that the at-fault driver has no insurance can add more uncertainty and confusion. In Montana, recovering and maximizing compensation can become far more complicated if the driver who caused your accident doesn’t have car insurance. Many victims struggle to find ways to afford their medical bills, car repairs, and lost income—challenges that become even more overwhelming when facing uninsured car accident claims, and the responsible party can’t cover the damage.
Fortunately, you still have legal options. Learning more about uninsured motorists in Montana and your rights can help you navigate car accidents involving uninsured drivers and seek the compensation you deserve.
What to Do After an Accident with an Uninsured Driver
You can take steps to protect yourself after an accident with an uninsured driver in Montana. Remain calm and follow these tips:
Contact the Authorities
After an accident, contact the authorities. A police report is essential when the other driver lacks insurance.
Seek Immediate Medical Attention
Even if injuries seem minor, see a doctor as soon as possible. Some injuries take time to show symptoms. Additionally, medical records are vital for your claim.
Gather Evidence at the Scene
Document the accident as thoroughly as possible. Take photos of the vehicles, road conditions, and any visible injuries. Get contact info from witnesses and the other driver, even if they’re uninsured.
Contact a Montana Car Accident Attorney
An attorney understands how to file a claim through your insurance or pursue legal action. They can also help you manage communication between all parties involved. An uninsured driver may offer you money out of pocket to settle the issue. Never accept anything without consulting an attorney and understanding your options—especially in cases involving driving without insurance.
Additional steps include documenting your accident-related medical expenses and staying off social media. You don’t want to do or say anything that may jeopardize your claim. You should also carefully stick to your doctor’s treatment plan. Dealing with an uninsured driver is frustrating, but you’re not out of options.
Please read more about a truck accident claim here: How a Truck Driver’s Log Book Can Help Your Accident Claim.
Suing an Uninsured Driver in Montana
In Montana, when someone else’s actions cause an accident, they are responsible for compensating victims for their injuries. After a crash, the injured person usually files a claim against the at-fault party’s car insurance policy. When a driver has no car insurance, recovering compensation is more challenging.
Victims can file a personal injury lawsuit for negligence against an at-fault, uninsured, or underinsured driver. However, victims should understand that winning a case does not secure compensation. Sometimes, uninsured drivers do not have the financial resources to pay for damages out of pocket, and it may take time to receive the full compensation they’re owed.
Another option may be to file a claim with your auto insurance company if you have uninsured motorist collision coverage. Minimum insurance limits include:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $20,000 for property damage per accident
Montana law does not require coverage for uninsured/underinsured motorists, but it is highly recommended. This coverage protects drivers from uninsured motorists and covers bodily injury and property damage if someone without insurance injures you.
The Role of Comparative Negligence in Montana
The level of fault each driver bears for causing an accident can factor into your personal injury lawsuit. Montana follows a modified comparative negligence system. This rule means a victim’s compensation is tied to their percentage of fault for contributing to the accident. If a victim is ten percent responsible for the accident, their compensation is diminished by ten percent. If a person’s liability exceeds 50 percent, they cannot recover compensation for their injuries.
Comparative negligence binds Montana judges and juries. However, it can also guide how an insurance adjuster values an uninsured motorist claim. An adjuster may offer a settlement based on what they believe the outcome of a court case would be.
Whether you file a UM claim or a typical personal injury case, you need to work with an attorney who can guide you towards the outcome that offers the best chance at maximum compensation for your injuries.
Contact a Montana Car Accident Attorney for More Information
An accident with an uninsured driver can cause anxiety and uncertainty. You may be unsure where to turn for compensation for your injuries. A Montana car accident attorney in Kalispell with Travis & Brann, PLLP can help. Our team will carefully review your situation and outline your options for pursuing compensation. From start to finish, we’ll help you seek the money you need and work to hold the at-fault driver accountable.
Contact us online or call our office today at (406) 752-7550 and ask for a free, no-obligation initial consultation.
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