Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
1. Prepare and Document Your Case
Begin by gathering all relevant evidence. Obtain the police report, medical records, billing statements and repair estimates. Take clear photographs of vehicle damage, scene conditions and visible injuries. Keep a daily journal of symptoms, treatment and out-of-pocket expenses. Organize these materials chronologically in a digital or paper file.
2. Evaluate Your Damages
Calculate economic damages (medical bills, lost wages, repair costs) and non-economic damages (pain and suffering, emotional distress). If your injury affects future earning capacity or requires ongoing care, include credible estimates from medical providers and vocational experts.
3. Understand Liability and Comparative Fault
Montana follows a modified comparative fault rule. Under Mont. Code Ann. § 27-1-702 (compare fault statute), you can recover damages only if your share of fault is 50% or less. Your total award is reduced by your percentage of fault. For example, if the insurer finds you 30% at fault on a $50,000 claim, your award caps at $35,000.
4. Craft a Strong Demand Package
Create a polished demand letter that summarizes the accident facts, liability support, injury impact and itemized damage calculations. Attach copies of your evidence. State a clear settlement figure based on your documented damages and a reasonable additional amount for negotiation buffer. Set a firm response deadline (e.g., 30 days).
5. Employ Effective Negotiation Tactics
Use an initial anchor figure slightly above your target. Justify each line item with documentation. Respond promptly and professionally. Avoid emotional language. If the insurer counters low, restate your supporting evidence and highlight your readiness to file suit if necessary.
6. Deal with Insurance Adjusters
Recognize common adjuster tactics: lowball opening offers, requests for recorded statements and delay tactics. Don’t accept early “fast-cash” settlements without verifying total costs. Always request written offers and counter-offers. Maintain copies of all communications.
7. Track the Statute of Limitations
Montana law generally gives you three years from the accident date to file a personal injury lawsuit. See Mont. Code Ann. § 27-2-204 (statute of limitations). Missing this deadline usually bars all recovery.
8. Know When to Consult an Attorney
If the insurer refuses a fair offer, liability is contested, multiple parties are involved or your injuries are severe, consider hiring a personal injury attorney. Most work on contingency—no fees unless you recover. An attorney can prepare a complaint, negotiate aggressively and represent you at trial if needed.
Helpful Hints
- Keep a written log of all medical visits and related costs.
- Save every bill, receipt and repair estimate.
- Photograph injuries at regular intervals to show healing progress.
- Record dates, times and details of all insurer communications.
- Use a spreadsheet to track economic losses and settlement offers.
- Be patient—settlement negotiations can take weeks or months.
- Don’t sign a release until you’ve accounted for future medical needs.
- Before accepting any final offer, get an attorney’s opinion, especially for serious claims.