Disclaimer

This article is for general information only and is not legal advice. I am not a lawyer. For advice about your specific case, consult a licensed Montana attorney.

Detailed Answer — How to file a claim after a truck crash in Montana

1. Immediate steps at the scene and right after

• Call 911 and get medical care. Your health is the priority. Some injuries show up later—get checked even if you feel OK.
• Report the crash to law enforcement and request a copy of the crash report or the report number.
• Collect information: driver’s name, license plate, company name, insurance information, truck unit number, VIN, and names/contact info for witnesses.
• Preserve evidence: photos of vehicles, skid marks, road signs, traffic signals, injuries, and the broader scene. Keep clothing, damaged items, and medical records.

2. Notify insurance and preserve your claim

• Tell your own auto insurer about the crash. You may have duties under your policy to report promptly.
• You should also notify the at-fault driver’s insurer (often the trucking company’s insurer). Many truck crashes involve a commercial carrier that has higher policy limits than a private driver.
• Be careful when giving recorded statements to another party’s adjuster. Stick to facts. You do not need to accept a first settlement offer without consulting an attorney.

3. Identify likely defendants (who to make a claim against)

Truck crashes can create multiple potential defendants:

• The truck driver (for negligence).
• The trucking company or carrier (employer liability, negligent hiring or maintenance, vicarious liability).
• Vehicle owner (if different from the carrier).
• Third parties—other motorists, vehicle manufacturers, or parties responsible for poor road conditions—depending on the facts.

4. Types of damages you can claim

• Economic damages: medical bills, future medical costs, lost wages, loss of earning capacity, repair or replacement of property.
• Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life.
• In rare cases, punitive damages if the defendant’s conduct was especially reckless (specific standards apply under Montana law).

5. Timing: Montana’s time limits

Montana has a time limit (statute of limitations) for personal injury lawsuits. If you need to sue to recover damages, you generally must file suit before the statutory deadline expires. See Montana’s personal-injury statute of limitations for details: MCA § 27-2-204. Missing the deadline can bar your claim.

6. Dealing with commercial carriers (trucks)

• Trucking companies must keep records (driver logs, maintenance records, driver qualifications, inspection reports). Those records are often crucial evidence. A timely preservation request may be necessary to prevent loss of evidence.
• Federal rules govern many commercial carriers (Federal Motor Carrier Safety Administration). If the carrier violated federal hours-of-service, maintenance, or driver qualification rules, those violations can support your claim. See FMCSA rules: fmcsa.dot.gov/regulations.

7. If the insurer refuses or offers too little

• Document why the offer is inadequate (medical evidence, lost wages, future care needs).
• You can negotiate, use mediation, or file a lawsuit. Litigation starts by filing a complaint in Montana district court.
• Courts may award attorney fees in certain circumstances, but attorneys commonly work on contingency in personal injury cases (they get a percentage if you recover).

8. When to hire an attorney

Consider speaking with an experienced Montana personal injury attorney if:

• Your injuries are serious, long-term, or require future care.
• Liability is disputed or multiple parties may share fault.
• The at-fault party is a commercial carrier with large policy limits or a complicated record system.
• Insurance offers don’t cover your damages.

9. Evidence and documentation checklist

• Police crash report number and copy of the report
• Photos and videos of the crash scene and injuries
• Driver and vehicle information (insurance, plate, carrier name and trucking unit number)
• Witness names and contact info
• All medical records, bills, and records of lost time from work
• Receipts for out-of-pocket expenses (towing, rental car, prescriptions)
• Any correspondence with insurers or the trucking company

10. Practical timeline (what happens next)

1. Weeks 0–4: Emergency care, initial reports, preserve evidence, notify insurers.
2. Weeks 4–12: Gather medical records, get statements from witnesses, receive initial offers.
3. 3–12 months: Ongoing treatment may stabilize; negotiation intensifies; consider lawsuit if unresolved.
4. Before filing suit: calculate total damages and confirm statute-of-limitations deadline. If you must sue, do so in the appropriate Montana court.

Helpful Hints

• Get medical care right away. Treating physicians’ records are primary evidence for injuries.
• Do not throw away damaged clothing or vehicle parts; they can be evidence.
• Take clear photos from several angles while at the scene and keep a chronological record of symptoms and treatment.
• Ask for copies of any trucking company or driver documents you need (logs, maintenance records). If the company refuses, note the refusal—record-preservation issues can help later.
• Keep a written log of all communications with insurers, including dates, names, and what was said.
• Do not sign releases or accept final settlement checks until you understand the full extent of your injuries and future needs.
• Consult a Montana attorney early for complex cases—many offer free initial consultations and work on contingency.
• Confirm the statute of limitations early. For Montana personal injury claims, see: MCA § 27-2-204.