Liability in a Car Accident
How To Know Who Is At Fault For Your Accident
Montana Follows a "Fault" System
Montana follows the traditional "fault" auto insurance system
when it comes to financial responsibility for damages arising from a car
accident. This fault or tort system gives injury victims several options
when it comes to recovering compensation for vehicle repairs, medical
expenses, and lost income, including:
- Filing a claim with their own insurance company
- Filing a claim with the at-fault driver's insurance company
- Filing a lawsuit in court to seek damages from the at-fault driver
Montana's auto insurance rules differ from a handful of "no-fault"
states where people are limited to filing claims with their own auto insurance
carriers. You do not have to worry about this in Montana because you do
have more options.
Required Liability Limits in Montana
All Montana drivers are required to carry the following minimum liability limits:
- $25,000 per person bodily injury
- $50,000 per accident bodily injury
- $10,000 property damage
After an accident, the claims adjustor assembles a team who will conduct
a full investigation. They will review medical records, investigate the
accident, speak to eyewitnesses, examine the property damage, and obtain
statements from the drivers.
Fault assessment is not necessarily simple. The liability laws do not dictate
how fault is assessed, they dictate how much can be collected and who
is eligible; therefore, fault determination is left up to the insurance
companies. In the end, one insurance company will send the other a demand
for payment; the other insurance company will counter that demand.
Contact a Montana Car Accident Lawyer
People are often surprised to discover that their own insurance company
can become their adversary during the claims process, and this is not
unusual. Whether you are dealing with your own insurance company or an
at-fault driver's, you can reasonably expect to be offered less than
you deserve, and this can mean thousands of dollars lost to you if you
Being involved in a
car accident can be a highly stressful event, and sometimes determining fault is not
as black and white as it may seem. If you were recently injured, we suggest
you do not hesitate to contact a
Montana car accident attorney from
Odegaard Braukmann Law, PLLC.
over 30 years of combined experience, and with some of the most sought after accolades in the legal field including:
The National Trial Lawyers: Top 40 Under 40, and selection to
Super Lawyers® Rising Stars℠, you can be rest assured that your case is in good hands!
Why leave your settlement to chance? Contact our
personal injury firm to engage the support of an experienced and aggressive injury attorney!