Quick answer

If a driver ran a stop sign and struck your vehicle in Montana, take immediate safety and evidence steps, report the crash, seek medical care, preserve evidence, notify your insurer, and consider filing a personal injury claim or suit. In Montana, you must respect the applicable deadline to file a lawsuit for personal injuries (statute of limitations). This article explains the step‑by‑step process, what damages you can seek, and when to talk to an attorney.

Detailed answer: Step‑by‑step guide to filing a personal injury claim in Montana

1. Immediately after the crash: safety and evidence

• Check for injuries and call 911. Get medical care even for minor pain — some injuries show up later.
• Call the police and request an accident report. A police report strengthens an insurance claim and later legal case.
• Document the scene: take clear photos of vehicle damage, skid marks, signage (stop sign), traffic lights, vehicle positions, visible injuries, and the surrounding intersection.
• Collect names, phone numbers, license plate numbers, driver’s license numbers, insurance information, and contact details for witnesses. Write down what each witness saw while their memory is fresh.
• Preserve evidence such as damaged clothing, and keep receipts for medical visits, towing, rental cars, and other crash-related expenses.

2. Get medical care and keep records

Seek prompt medical attention. Follow your provider’s treatment plan and keep all medical records, bills, imaging (X‑rays, CT scans), and prescriptions. Medical records are a main component of damages for pain, disability, and future care.

3. Notify your insurance company (and the other driver’s insurer)

• Montana drivers must provide accurate information after a crash. Contact your insurer quickly and report the accident. Give facts; do not admit fault.
• The other driver’s insurer may contact you. Be factual, brief, and do not sign releases or give recorded statements without knowing the legal consequences. You may decline to give a recorded statement until you consult counsel.

4. Investigate fault

Running a stop sign is strong evidence of negligence. Evidence that supports that the other driver ran the sign (photos, video, witness statements, the police report) helps prove liability. Comparative fault rules will affect recovery based on each party’s share of blame.

5. Know what damages you can recover

• Economic damages: medical bills, future medical costs, lost wages, loss of earning capacity, vehicle repair or replacement, rental car costs, and other out‑of‑pocket expenses.
• Non‑economic damages: pain and suffering, emotional distress, loss of enjoyment of life, and other subjective harms.
• In rare cases, punitive damages may be available if the other driver’s conduct was outrageous or reckless; these are not common in ordinary stop‑sign collisions.

6. Insurance claim vs. lawsuit

Most cases settle with the other driver’s insurer. Typical sequence:

1. Open a claim with the at‑fault driver’s insurer.
2. Provide documentation of damages (medical records, bills, wage verification, photos, police report).
3. Insurer investigates liability and makes an offer. Insurers frequently offer less than the full value early in the process.
4. If the insurer’s offer is inadequate, you can negotiate or file a lawsuit to pursue full compensation.

7. Statute of limitations (important deadline)

Montana imposes a time limit to start a lawsuit for personal injuries. If you wait too long, the court can dismiss your case. For personal injury actions, the Montana statute of limitations requires you to file within the time allowed by state law. See Montana Code for the specific rule on time limits for actions regarding personal injury: Mont. Code Ann. § 27-2-204. If you’re near the deadline, contact an attorney right away — filing a complaint before the deadline preserves your rights.

8. Comparative fault

Montana applies comparative fault principles when multiple parties share responsibility. Each party’s percentage of fault typically reduces recoverable damages accordingly. Carefully documented evidence helps show the other driver was primarily responsible when they ran a stop sign.

9. When to hire an attorney

Consider speaking with a personal injury attorney if any of the following apply:

• You sustained significant injuries or require ongoing medical care.
• The insurer denies liability or offers a low settlement.
• There are disputes about fault or complicated medical/future care issues.
• The at‑fault driver is uninsured or underinsured.

Many injury lawyers offer free consultations and operate on contingency (they get paid only if you recover). A lawyer can handle discovery, negotiation, and, if needed, trial preparation while you focus on recovery.

10. Practical timeline and expectations

Small, clear cases may settle in a few months. Cases with serious injuries, liability disputes, or complex medical futures can take a year or longer. Keep records and stay in contact with medical providers and insurers throughout the process.

11. If the at‑fault driver lacks insurance

If the other driver is uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage may cover your losses. Check your policy and notify your insurer promptly.

Helpful Hints

• Always call 911 and get a police report at the scene whenever possible.
• Take photos from multiple angles, including the stop sign and scene layout. Time‑stamped photos are especially useful.
• Get witness names and simple written statements while memories are fresh.
• Go to the doctor even if you feel okay — delayed symptoms are common after crashes.
• Do not admit fault or speculate about cause at the scene or to insurers.
• Keep a written log of medical visits, symptoms, and missed work days.
• Save all bills, receipts, repair estimates, and rental car invoices related to the crash.
• If you get a settlement offer, ask for it in writing and consult an attorney before signing releases that give up your future claims.

Resources and where to learn more

• Montana Code — see personal injury limitations: Mont. Code Ann. § 27-2-204
• Montana Legislature (full Montana Code search): https://leg.mt.gov/bills/mca/