Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When you suffer injuries in an automobile accident caused by another driver, you need to document your care and present a clear claim to the at-fault party’s insurer. Follow these steps under Montana law to increase the chances that the insurer accepts liability for your medical expenses:
- Seek immediate medical treatment. Obtain a complete evaluation from a licensed provider. Prompt care establishes a direct link between the crash and your injuries.
- Notify the insurer in writing. As soon as you know the at-fault driver’s insurance carrier, send a written notice of claim by certified mail. Include the date of loss, policy number (if known), and your contact details.
- Gather and submit documentation. Provide copies of all medical records, itemized bills, diagnostic test results and provider notes. Ensure records clearly describe your injuries and recommended treatment.
- Demand proof of coverage. Request the insurer to confirm the policy limits and effective dates of coverage. Under Mont. Code Ann. §61-6-102, every vehicle must carry liability insurance or proof of financial responsibility.
- Issue a formal demand letter. Summarize your injuries, total medical expenses to date, and expected future costs. State a deadline (usually 30 days) for the insurer to accept liability or respond.
- Invoke direct action rights. Montana law allows you to sue the company directly. Under Mont. Code Ann. §61-6-1305, you may bring a direct action against the insurer as if it were the at-fault driver.
- Mitigate damages. Attend all follow-up appointments and follow medical advice. Insurers may challenge claims if you miss treatments or ignore provider instructions.
- Consider a neutral medical examination. If the insurer disputes your claim, they may request an independent medical exam (IME). Attend the IME and provide honest, consistent information.
- Escalate or litigate if necessary. If the insurer denies coverage or undervalues your claim, consider filing a complaint with the Montana Commissioner of Securities and Insurance or filing suit in state court.
By providing clear, complete documentation and using your statutory rights under Montana law, you force the insurer to evaluate your medical expenses on the merits.
Helpful Hints
- Keep a medical journal. Note pain levels, treatment dates, and medication schedules.
- Track out-of-pocket costs. Include prescriptions, mileage and therapy.
- Send all correspondence by certified mail with return receipt.
- Follow up regularly. Call the claims adjuster every 2 weeks.
- Hire a personal injury attorney if the insurer stalls or undervalues your claim.
- Be cautious with recorded statements. Consult an attorney before answering detailed questions.
- Preserve photographic evidence of injuries and vehicle damage.
- Get written estimates for any future medical procedures.