Detailed answer — next steps after you have the crash report (Montana)
Receiving the official crash report is a key document, but it does not by itself resolve your personal injury claim. Use the report as a foundation and take concrete steps to protect your rights and strengthen your claim. The steps below explain what to do, why each step matters under Montana law, and how long you have to act.
1. Seek and document medical care right away
Even if injuries seem minor, get prompt medical attention. Emergency visits, primary care follow-ups, and therapist or specialist visits create a medical record that links treatment to the crash. Insurance companies and courts rely heavily on contemporaneous medical records to establish causation and damages.
2. Preserve evidence and records
- Keep a copy of the crash report. If you don’t already have an official copy, request one from the law enforcement agency that prepared it (the report often contains the investigating officer’s observations and diagram).
- Save photos, video, witness contact info, repair estimates, rental car receipts, towing receipts, and all medical bills and records.
- Make a contemporaneous written account of the collision and your symptoms while memories are fresh.
3. Notify your insurer and the other driver’s insurer
Most auto policies require prompt notification of accidents. Report the crash to your insurer and to the other driver’s insurer (if you know the insurer). Provide facts but avoid giving recorded statements about fault until you know all facts or have consulted counsel.
4. Order full medical records and billing summaries
Insurers will request medical records and bills. Request them yourself early so you can assemble a clear statement of past and projected medical costs, lost wages, and other economic losses.
5. Use the crash report strategically
The crash report helps document the location, time, and parties. It can also identify witnesses and citations. Compare the report to your memory and other evidence. If the law enforcement report contains errors, start a record of those differences and gather supporting evidence (photos, witness statements).
6. Start a claim file and calculate damages
Create a folder (physical or digital) with the crash report, medical records, bills, wage loss documentation, property damage estimates, correspondence with insurers, and notes about pain, disability, or life changes. Estimate economic damages (medical expenses, lost wages, property damage) and non‑economic damages (pain and suffering, loss of enjoyment of life).
7. Send a demand or allow the insurer to make an offer
Once you have medical treatment and billing in place, you or your attorney will send a demand package to the insurer. This usually includes a cover letter, medical records summary, bills, wage documentation, the crash report, and a settlement demand. Expect negotiations; insurers often start with a low offer.
8. Know Montana timing rules — statute of limitations
Under Montana law, you must file a civil action within the time limits set by the state. Personal injury claims are subject to statutory time limits for bringing suit. See the Montana Code for limitations on civil actions: Montana Code Annotated (MCA). If you miss the filing deadline, you may lose the right to sue. Because deadlines vary by claim type and by defendant (for example, lawsuits against government entities may require earlier notice or shorter time frames), consult an attorney quickly to confirm exact dates.
9. Consider hiring an attorney
An experienced Montana personal injury lawyer can evaluate liability, preserve key evidence, value your claim properly, handle negotiations, and, if necessary, file suit and represent you in court. If your injuries are minor and liability is clear, you may handle the claim yourself. But if liability is disputed, injuries are significant, or the insurer’s offers are far below your documented damages, legal representation is often worthwhile.
10. Be mindful of special rules (government defendants, uninsured drivers)
If a government vehicle or employee caused the crash, or if the responsible party is uninsured or underinsured, special statutes and notice requirements may apply. Montana law has distinct procedures for claims involving public entities and for uninsured/underinsured motorist benefits in insurance policies. Confirm the correct procedure and deadlines early.
11. If settlement fails, prepare to file suit
If negotiations stall, you may need to file a civil complaint. Filing starts the court process and places your claim before a judge. Your attorney will advise on the appropriate court and venue based on the claim amount and local rules. Courts require civil procedure compliance and evidence preservation; once suit is filed, discovery begins, which compels document production and depositions.
Key Montana statute reference: For the statutory framework governing limitations on civil actions, consult the Montana Code Annotated: https://leg.mt.gov/bills/mca/. For clarity on deadlines and particular statutory sections that apply to a specific situation, review Title 27 (limitations) and the sections addressing tort claims against public entities.
This is a general overview only and not legal advice. Consult a Montana attorney to apply these steps to your situation.
Helpful hints
- Get a certified copy of the crash report from the law enforcement agency; the certified version carries more weight with insurers and courts.
- Keep all medical appointments and follow provider recommendations — gaps in treatment can be used to contest your injury claim.
- Do not admit fault in writing or on recorded statements; say only the facts of what happened and that you are seeking medical care.
- Track every expense related to the crash (receipts, invoices, mileage logs for medical travel).
- If you plan to negotiate yourself, prepare a demand packet with a clear narrative, damages summary, and supporting documents.
- Ask insurers for written explanations of benefit denials or low offers so you can respond to specific points.
- For claims involving government drivers or property, ask about statutory notice periods immediately — they can be much shorter than the usual lawsuit deadline.
- Consider at least a consultation with a Montana personal injury attorney; many offer free initial consultations and contingency fee agreements (the attorney is paid only if you recover).
- Preserve digital evidence: save dashcam, cellphone, or surveillance footage in multiple locations.
- Keep a daily symptom journal describing pain levels, medication, activities you can’t do, and how the injury affects your life — this supports non‑economic damages.
Reminder — not legal advice: This article explains general steps under Montana law and common practices after receiving a crash report. It is not legal advice. For advice about your unique situation, contact a licensed Montana attorney.