Detailed Answer

Know Montana’s Liability Insurance Requirements

In Montana, every driver must carry liability insurance that meets state minimums. Under Montana Code Annotated (M.C.A.) 61-6-103, drivers need at least $25,000 per person/$50,000 per accident for bodily injury and $20,000 for property damage. These requirements ensure you can recover damages when an at-fault driver injures someone or damages property. See M.C.A. 61-6-103: https://leg.mt.gov/bills/mca/title_0610/chapter_0060/part_0010/section_00103/.

Step 1: Obtain the Police Accident Report

After an accident, the investigating officer files a crash report that usually lists the at-fault driver’s insurer, policy number, and coverage limits. Under M.C.A. 61-10-106, any party to the crash may request this report from the Montana Motor Vehicle Division (MVD) or the law enforcement agency. Provide the accident date, location, and driver names when you request it. See M.C.A. 61-10-106: https://leg.mt.gov/bills/mca/title_0610/chapter_0100/part_0010/section_00106/.

Step 2: Review Your Insurer’s Claim File

If you have liability or uninsured/underinsured (UM/UIM) coverage, your insurer investigates your claim. During this process, your insurer often identifies the at-fault driver’s carrier through intercompany databases or direct inquiry. Contact your claims adjuster and request any insurer information they have uncovered.

Step 3: Ask the At-Fault Driver for Proof of Insurance

If you exchanged information at the scene, review the at-fault driver’s proof of insurance card. That card shows the insurer’s name, policy number, and effective dates. If you did not photograph or copy the card at the scene, ask the driver or their attorney for a copy of the declarations page.

Step 4: Subpoena Vehicle Registration or SR-22 Filings

If other methods fail, you can petition the district court to issue a subpoena to the MVD. Montana drivers who cancel or reinstate coverage must file an SR-22 form. Those filings may list the driver’s insurer around the accident date. A court-authorized subpoena ensures you gain access to these records.

Additional Considerations

If the at-fault driver lacked coverage at the time, Montana law still lets you pursue damages through your uninsured/underinsured motorist coverage. Check your policy limits and file a UIM claim promptly. Document every communication and retain copies of all records.

Disclaimer

This article provides general information and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your specific situation.

Helpful Hints

• Request your accident report as soon as possible; agencies often charge a small fee.
• Maintain detailed records of all communications with insurers and law enforcement.
• If you can’t reach the at-fault driver, ask your insurer to help obtain the insurer’s identity.
• Review your UM/UIM coverage limits if the at-fault driver had no or low coverage.
• Consider consulting an attorney before seeking court-ordered subpoenas for MVD records.