Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Montana attorney for guidance tailored to your situation.
Detailed Answer
When you suffer injuries due to another party’s negligence in Montana, securing the at-fault insurer’s acceptance of liability ensures you receive compensation for medical bills, lost wages, and pain and suffering. Follow these steps under Montana law:
1. Promptly Notify the Insurer
File a notice of claim as soon as possible. Montana law requires insurers to acknowledge your claim within 15 days of receiving your notice and to begin investigating without unreasonable delay. See Mont. Code Ann. § 33-18-201(6).
2. Document Your Injuries and Damages
Maintain detailed records: medical reports, hospital bills, doctor’s notes, and receipts. Photographs of injuries and accident scene diagrams strengthen your position. Organize lost-wage statements from your employer.
3. Provide Complete Proof of Loss
Under Mont. Code Ann. § 33-18-201(5), you must supply the insurer with proof of your damages. Submit medical records, billing statements, and a written statement detailing how the accident caused your injuries.
4. Cooperate with the Investigation
Answer reasonable requests for information and attend medical examinations requested by the insurer. Montana prohibits insurers from unreasonably delaying or denying claims. If the insurer stalls past 30 days without acceptance or denial, you may challenge the delay under the Montana Unfair Claims Practices Act.
5. Leverage Statutory Deadlines
Montana law gives insurers 30 days from receipt of proof of loss to accept or deny liability in writing. If they fail, you can file a complaint with the Montana Commissioner of Securities and Insurance.
6. Consult an Attorney Early
An attorney can send a formal demand letter, cite applicable statutes, and negotiate on your behalf. Early counsel increases the pressure on the insurer to accept liability rather than risk administrative penalties or lawsuit costs.
Helpful Hints
- Keep a detailed accident journal: record dates, times, symptoms, and treatment progress.
- Send all correspondence to the insurer via certified mail and keep copies.
- Review your own insurance policy for MedPay or PIP benefits to cover immediate expenses.
- Watch for unfair claim practices: silent refusals, excessive document requests, or unwarranted delays.
- If the insurer denies liability, ask for the denial in writing and the specific reasons cited.
- Consult the Montana Commissioner of Securities and Insurance at https://csimt.gov/ for consumer guides and complaint procedures.