Detailed Answer
When you submit additional medical evidence to support your personal injury claim with an insurer, following up strategically can speed up their review and response. Here’s how to proceed under Montana law.
1. Confirm Receipt
Within 10 days of mailing your medical evidence, verify that the insurance company received your documents. Montana’s unfair claims settlement practices apply under Mont. Code Ann. § 33-18-242(8). Call the insurer’s claims department, provide your claim number, and request confirmation of delivery. This step establishes that the insurer has your evidence and starts any applicable response timelines.
2. Send a Written Follow-Up
If you don’t get confirmation by phone, send a follow-up letter or email. Include:
- Your claim number
- Date you sent the evidence
- List of enclosures
- Clear request for a status update
Use certified mail with return receipt or request a read receipt on email. This creates an official record. Mont. Code Ann. § 33-18-242(9) prohibits unreasonable delays in claims handling, so your documented request supports your position if a dispute arises. (Mont. Code Ann. § 33-18-242).
3. Document All Communications
Keep a log of dates, times, contacts, and summaries of conversations. Save all emails, letters, and voicemail transcripts. Solid documentation shows your diligence and may be crucial if you file a complaint with the Montana Commissioner of Securities and Insurance (CSI).
4. Escalate if Necessary
If the insurer does not respond in a reasonable time (typically 30 days), escalate your inquiry. Ask to speak with a supervisor or claims manager. Reference Mont. Code Ann. § 33-18-242(1)(a), which prohibits “unreasonable delay.” If the insurer still delays, consider filing a complaint with the CSI or consulting a Montana attorney.
5. Consider Legal Options
Montana law allows you to pursue a bad-faith insurance claim if the insurer fails to meet its statutory duties. Under Mont. Code Ann. § 33-18-242(3), insurers must attempt in good faith prompt, fair, and equitable settlements. If you suspect bad faith, consult a licensed Montana attorney to explore a tort claim in district court.
Disclaimer: This article provides general information and educational content only. It does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney in Montana.
Helpful Hints
- Use certified mail for physical documents and keep copies of all mail receipts.
- Maintain a dedicated folder—physical or digital—for your claim materials.
- Set calendar reminders for follow-ups at key intervals (e.g., 7, 14, and 30 days after sending evidence).
- Be polite but firm; referencing specific statutes can prompt faster responses.
- If you encounter resistance, contact the Montana CSI for guidance at csimt.gov.