Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Montana law, you may hold each responsible party individually liable when shared insurance limits leave part of your losses uncovered. Here’s how:
1. Understand Joint and Several Liability and Comparative Fault
Montana’s contribution statute, MCA § 27-1-702, sets out rules for multiple tortfeasors. Generally, each defendant pays only their percentage of fault for economic and noneconomic damages. However, if a defendant is found more than 50% at fault, they become jointly and severally liable for all economic damages. Montana’s comparative fault rule, MCA § 27-1-703, allows you to recover damages as long as you are 50% or less at fault.
2. Identify All At-Fault Parties and Coverage Limits
Investigate your case to list each at-fault individual or entity. Review all applicable insurance policies. If a single policy covers multiple defendants and becomes exhausted, any remaining damages fall to the individual tortfeasors.
3. File a Lawsuit for Unpaid Damages
File your complaint in district court within Montana’s two-year statute of limitations, MCA § 27-2-204. Name each at-fault party and allege their share of fault and your total damages. Serve each defendant properly to preserve your claims.
4. Seek Contribution and Recovery
If one defendant or their insurer pays more than their share, you may seek contribution under MCA § 27-1-702. Contribution claims allow you to recover the excess portion of payment from other tortfeasors according to each party’s percentage of fault.
5. Collect Your Judgment
After obtaining a judgment, use Montana post-judgment procedures to collect unpaid amounts. This may include:
- Wage garnishment;
- Bank account levies;
- Liens on real property;
- Renewal of judgment before expiration.
Helpful Hints
- Document all expenses, medical bills, and lost wages.
- Keep records of insurance communications and policy limits.
- Act promptly—observe the two-year filing deadline.
- Consider mediation or settlement negotiations early.
- Explore underinsured motorist coverage in your own policy.
- Consult a Montana attorney for personalized legal strategy.