Short answer — what appealing an insurance denial involves

If your insurer denies your injury claim after a minor accident, the appeal process typically involves four main steps: (1) review the denial and policy; (2) gather and organize supporting evidence; (3) submit a clear, written appeal to the insurer (and follow the insurer’s internal appeal rules); and (4) if internal appeals fail, consider filing a complaint with the Montana Commissioner of Securities and Insurance and/or pursuing a civil claim. Acting promptly and documenting everything is crucial. Montana insurance law and consumer protections give you tools to challenge a denial, and the state regulator can accept consumer complaints about insurer conduct. See Montana Code, Title 33 (Insurance) for relevant statutes and rules: https://leg.mt.gov/bills/mca/title_0330/.

Step-by-step: Detailed answer and what to expect under Montana law

1. Read the denial closely and note deadlines

The insurer must provide a written denial or explanation. Read it carefully to identify the stated reason (e.g., no liability, late notice, pre-existing condition, coverage exclusion). Note any appeal deadlines the insurer sets and the date the denial was mailed. Even if the insurer gives no appeal deadline, act quickly because legal time limits — including Montana’s civil-law deadlines for filing suit — may apply. For civil claims and statutes of limitations generally, see Montana Code, Title 27 (Civil Practice): https://leg.mt.gov/bills/mca/title_0270/.

2. Collect and organize evidence

To challenge the denial you will normally need to produce clear, organized evidence showing:

• what happened (police report, photos of scene and damage, timeline);
• who was involved (names, contact info for witnesses);
• medical evidence tying injuries to the accident (medical records, provider notes, bills, imaging, pain reports); and
• proof of any communications with the insurer (letters, emails, notes of phone calls with dates, times, and names).

Medical records and bills are often the most important documents in an injury claim. If you have ongoing treatment, keep records that show the connection between the accident and the treatment.

3. Follow the insurer’s internal appeal or dispute process

Most insurance contracts and companies have an internal appeals or review process. Follow these steps:

1. Write a concise appeal letter that cites the denial reason and explains why you disagree.
2. Attach organized supporting documents (medical records, photos, police report, witness statements, receipts).
3. Ask the insurer to reconsider and state what outcome you seek (payments, coverage, re-evaluation by a specific type of reviewer).
4. Send the appeal by trackable mail or upload it through the insurer’s claim portal. Keep proof of delivery.

Keep copies of everything. If the insurer requests additional information, supply it promptly. If the insurer offers only part-payment or a “reservation of rights” letter, document it and consider seeking legal advice before accepting any settlement, even for a “minor” claim.

4. If the internal appeal fails: regulatory complaint and legal options

If your insurer upholds the denial, you have several non-mutually-exclusive options:

• File a complaint with the Montana Commissioner of Securities and Insurance (CSI). The CSI handles consumer complaints about insurer practices and can investigate unfair claim handling. File a complaint here: https://csimt.gov/consumers/file-a-complaint/.
• Consider a demand letter from you or from an attorney. A formal demand letter summarizes damages, the legal basis for recovery, and a deadline for payment.
• Pursue a civil suit in state court. If you decide to sue, you must file before the statute of limitations runs. Montana’s civil procedure provisions are in Title 27: https://leg.mt.gov/bills/mca/title_0270/.
• In some cases, you may have a claim for unfair claim practices or bad faith under Montana insurance law (Title 33), depending on the insurer’s conduct. An attorney can evaluate whether those claims apply.

Regulatory complaints do not substitute for a lawsuit but can prompt the insurer to re-examine a file. A lawyer can advise whether a lawsuit, demand package, or both are appropriate for your case.

5. Costs, attorneys, and small-dollar claims

Minor injury claims may involve small medical bills or limited lost time. If damages are low, you may resolve the matter directly with the insurer or through small-claims or justice courts. If the insurer’s denial implicates coverage or bad faith, hiring a lawyer early can help preserve evidence and meet deadlines. Many attorneys offer free initial consultations and contingency-fee arrangements for personal-injury matters, meaning fees come from recovery, not upfront payments.

6. Common reasons for denials and how to address them

• No liability: Show evidence that the insured caused or is responsible (police report, photos, witness statements).
• Untimely notice: Prove you reported the accident promptly or show a reasonable excuse for any delay.
• Pre-existing conditions: Use medical records to show the new or worsened symptoms linked to the accident.
• Policy exclusion or lack of coverage: Review your policy closely and ask the insurer to point to the exact policy language. If coverage is unclear, an attorney can help interpret policy terms.

Montana statutes and resources to check

Key places to look for rules and help:

• Montana Code — Title 33 (Insurance): https://leg.mt.gov/bills/mca/title_0330/ — for insurance statutes, licensing rules, and insurer obligations.
• Montana Code — Title 27 (Civil Practice): https://leg.mt.gov/bills/mca/title_0270/ — for civil procedure and applicable time limits for filing suit.
• Montana Commissioner of Securities and Insurance (consumer complaints and guidance): https://csimt.gov/consumers/file-a-complaint/.

These links point to state sources where you can read specific statutes, rules, and consumer guidance.

Helpful hints

• Act quickly. Track all deadlines the insurer gives and Montana’s civil filing deadlines.
• Document everything. Keep photos, medical records, bills, and copies of all communications with the insurer.
• Send appeals and important letters by certified or trackable mail and keep delivery receipts.
• Get a medical opinion that links your injury to the accident if possible; treating-provider notes are persuasive evidence.
• Be precise in your appeal: explain why the denial is wrong and attach only relevant, organized evidence.
• If the insurer cites coverage language, ask for the exact policy provision in writing and request an explanation of how that provision applies to your facts.
• File a complaint with the Montana Commissioner of Securities and Insurance if you believe the company acted unfairly: https://csimt.gov/consumers/file-a-complaint/.
• Consider an attorney if recovery is substantial or if you suspect bad faith. Attorneys can preserve rights and evaluate remedies under Montana law.