Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
When an auto collision causes both property damage and bodily injury, you can pursue property damage compensation separately from personal injury claims. Montana law sets minimum liability coverage for vehicle property damage at $20,000 per accident (Mont. Code Ann. § 61-6-302). Here’s how to proceed:
Step 1: Report the Accident
Immediately report the crash to local law enforcement. Obtain a copy of the police report. This document details fault, property damage estimates, and roadway conditions.
Step 2: Notify Your Insurer
Contact your auto insurer as soon as possible. Provide your policy number, accident date, location, and parties involved. Insurers often handle both property and bodily injury claims but track them separately in their claim system.
Step 3: Document Damage
Take photos of vehicle damage from multiple angles. Get a professional repair estimate. Retain all bills, invoices, and rental car receipts. Detailed records help substantiate your property damage value.
Step 4: File a Property Damage Claim
Submit your repair estimate, receipts, and the police report to the at-fault driver’s insurer. In Montana, you may assign your claim to the repair shop to simplify billing. The insurer has a duty to respond promptly under Mont. Code Ann. § 33-18-201.
Step 5: Negotiate or Appeal
If the insurer offers insufficient compensation, provide a counteroffer supported by additional estimates or expert appraisals. If negotiations stall, consider mediation or appraisal clauses sometimes found in the policy.
Step 6: File Suit if Necessary
If the insurer denies your claim or fails to pay, you can file a lawsuit. For claims up to $7,000, use Montana Small Claims Court (Mont. Code Ann. § 25-1-801). Property damage claims have a four-year statute of limitations (Mont. Code Ann. § 27-2-204).
Helpful Hints
- Keep detailed logs of all communications with insurers, including dates, times, and representatives’ names.
- Get multiple repair estimates before accepting an offer.
- Review your own policy’s deductible and consider whether to file under your coverage if the at-fault insurer delays payment.
- Consult an attorney if the at-fault insurer disputes liability or undervalues your claim.