Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When an at-fault driver in Montana has no active insurance on the date of loss, you still have several paths to pursue compensation. Below is an overview of each option under Montana law.
1. Uninsured Motorist (UM) Coverage
Most Montana auto insurance policies include uninsured motorist coverage unless you specifically reject it in writing. Under Mont. Code Ann. § 33-6-301, insurers must offer UM coverage to protect you if the other driver carries no insurance. You can file a UM claim with your own insurer for bodily injury and, in some cases, property damage, up to your policy limits. Contact your insurance company promptly and submit medical records, repair estimates, and a copy of the police report.
2. Filing a Lawsuit Against the Driver
You can bring a civil action against the uninsured driver to recover damages for injuries and property damage. Montana’s civil courts allow plaintiffs to seek economic and non-economic damages. To start, file a complaint in the district court of the county where the accident occurred. You’ll need to serve the driver with notice, present evidence at trial, and obtain a judgment for the amount owed.
3. Vehicle Bond and Registration Suspension
Montana law requires all vehicle owners to maintain liability coverage or post a bond. Under Mont. Code Ann. § 61-6-103(6), a driver who operates without insurance must either purchase a policy, post a surety bond, or face vehicle registration suspension. If the at-fault driver did not secure a bond, you can request the Department of Justice’s Vehicle Division to suspend that person’s registration until they comply. This action can pressure the driver to resolve your claim.
4. Enforcing a Judgment Against the Driver’s Assets
Once you obtain a money judgment, you can take steps to collect. Montana law permits garnishment of wages, bank accounts, and liens on real property. For example, you may garnish up to 25% of disposable earnings under state law. You can also record the judgment as a lien on any property the driver owns, preventing sale or refinancing until the debt is paid.
5. Reporting to the Montana Motor Vehicle Division
If a driver regularly operates without insurance, you can report them to the Motor Vehicle Division. Consistent violations can trigger administrative penalties such as license suspension. This reporting doesn’t pay your claim directly but encourages compliance and public safety.
6. Alternative Dispute Resolution
Mediation or arbitration can offer faster, less formal resolution than court. Both parties meet with a neutral mediator or arbitrator to negotiate a settlement. If you and the uninsured driver agree to binding arbitration, the arbitrator’s decision is enforceable as a court judgment.
Helpful Hints
- Review your own insurance policy for UM limits and coverage details immediately after a crash.
- Keep detailed records: medical bills, repair estimates, police reports, and all correspondence.
- Act quickly to preserve evidence, including photos of damage and witness statements.
- Consult an attorney early, even if you plan to file a UM claim through your insurer.
- Check court deadlines: Montana’s statute of limitations for personal injury is 3 years from the date of the accident.
- Consider small claims court for property damage under $12,000 to reduce legal costs.