Why Should I Hire a Local Montana Car Accident Attorney?
Engaging a local Montana car accident attorney can greatly benefit your case. Such an attorney not only understands Montana law comprehensively but is also deeply familiar with the local community. This insider knowledge can offer unique perspectives on non-legal issues affecting your case. Your attorney will also negotiate with insurance companies, which are known for offering the least amount possible, to ensure you receive the compensation you deserve.
What is Montana’s Statute of Limitations for Automobile Accidents?
In Montana, the Statute of Limitations for an automobile accident is 3 years for personal injury and 2 years for property damage.
Which Standard of Negligence Will Montana Apply to My Case?
Montana employs a modified comparative negligence standard. Under this rule, a plaintiff’s negligence will not completely bar recovery as long as it is less than the total fault of defendants and non-parties. However, any compensation awarded will be reduced proportionally. This is outlined in Mont. Stat. § 27-1-702.
Is Montana a Fault or No-Fault State for Car Accidents?
Montana is a fault state. This means that the party found to be at fault in the accident is responsible for the damages.
What Are Montana’s Automobile Insurance Requirements?
In Montana, vehicles operated on public roads must have a liability insurance policy meeting certain minimum coverage limits: $25,000 for bodily injury or death to one person in a single accident, $50,000 for bodily injury or death to two or more people in a single accident, and $20,000 for property damage in a single accident. Montana law does not require drivers to carry uninsured or underinsured motorist coverage.
What Are the Insurance Requirements for Rental Cars in Montana?
Montana has no specific case or statutory law that deals exclusively with car rental companies. Therefore, it is crucial to compare the terms of the rental agreement and the renter’s own liability policy to determine which is the primary source of coverage.
Guidelines for Accidents in Montana
What Should I Do If I’m Involved in an Accident in Montana?
After the immediate shock of an accident subsides, there are certain procedures to follow. Report the incident to both the police and your insurance company. Before doing so, assess whether your accident necessitates formal reporting.
What Steps Should Be Taken Immediately After the Accident?
If you find yourself in an accident, consider the following actions:
- Do not flee the scene. Evaluate the situation and, if possible, move your vehicle off the road to allow easier access for emergency vehicles.
- Stay out of the road to avoid further accidents.
- Turn off your engine if it is still running.
- Avoid smoking, as spilled fuel can create a dangerous situation.
- Be cautious of downed electrical wires if you have hit a telephone pole.
- Alert approaching traffic using flares, if possible.
What Should I Do If There Is an Injury?
- Do not make assumptions. Contact the police and emergency services.
- Avoid moving the injured unless absolutely necessary, such as in the case of a burning vehicle.
- Wait for the police to arrive; leaving the scene of an injury accident is a crime.
How Should I Report the Accident in Montana?
Exchange all relevant information with the involved parties, such as name, address, phone number, license number, and insurance information. Take photographs of damage if possible.
If the accident happens within a municipality and involves injury, death, or property damage over $500, you must report it to the local police. For accidents outside a municipality, report to the Montana Highway Patrol if there is injury, death, or property damage over $1,000. The accident report should be filed within 10 days, and if you’re injured, someone else can file it on your behalf.
Liability Decisions in Montana Accidents
How Are Liability Decisions Made in Montana?
Liability decisions in a Montana car accident lawsuit hinge on the available evidence, state laws, and various other factors. Plaintiffs must provide enough evidence to prove that another party’s negligence contributed to the accident. Depending on the evidence, a settlement offer may be made or legal processes may be pursued. If the case goes to court, the judge or jury will determine liability and compensation.