Montana Insurance Requirements
Motorists in Montana are mandated to carry minimum liability insurance of coverage limits:
- $25,000 for bodily injury per person per accident
- $50,000 for bodily injury to all persons per accident
- $10,000 for property damage liability in one accident
State Laws Addressing Personal Injury Claims
Different Montana state laws are established to address liability in personal injury claims. Here are some of the most notable ones:
Statute of Limitations
According to Montana Code Annotated Section 27-2-204(2), an action to recover damages for personal injury must be commenced within three years of the date of your accident or injury.
Modified Comparative Fault
In addition, Montana uses a "modified comparative fault" rule, with a 51% bar. Under this system, you are eligible to collect compensation for your injuries, provided that you are 50% or less responsible for the accident. However, the amount you may recover would be reduced by your degree of fault.
For instance, if the court awards $40,000 in damages against the at-fault party but you were found to be 30% responsible for the car accident, your damages will be reduced by 30% ($12,000). You will be entitled to collect $28,000 of the initial $40,000 that was awarded.
It is important to note that you will be barred from recovering compensation for your injuries if you were found to be mostly (51% or more) responsible for the accident.
Filing a Wrongful Death Claim
Any death that is caused by another person's negligent or wrongful actions is referred to as a wrongful death. The purpose of a wrongful death claim is to hold the responsible party accountable for a preventable death and compensate the surviving loved ones of the deceased person. According to Montana Code Annotated Section 27-2-204(3), an action to recover damages for the death of someone caused by the wrongful act or neglect of another shall be commenced within three years.
Who Can File a Wrongful Death Claim?
Montana's wrongful death statute states that "the personal representative of the decedent's estate" may file a wrongful death claim in court. If the decedent is under 18 years of age, one or both parents may bring the wrongful death action.
How a Personal Injury Attorney Can Help
Being involved in a car accident can be devastating and can affect your mental, physical, and financial health. Fortunately, you don't have to go through it all alone. If you were hurt in a traffic collision, hiring an experienced personal injury attorney immediately is crucial to have someone protect your rights and help you seek fair compensation.
At Gerstner Adam Law, we are dedicated to offering experienced legal guidance and compassionate representation to car accident victims and their families. Our attorneys can examine and investigate all the details of your case, work to establish liability, and estimate case value. As your legal counsel, we will work to hold any liable negligent parties accountable and help negotiate a fair settlement with the insurance provider. We will fight vigorously to protect your rights and represent your best interests. Having our team on your side can improve your chances of obtaining a favorable outcome in your car accident claim.