Montana: Options When an Insurer’s Final Offer Doesn’t Cover Treatment and Lost Wages

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Scenario overview (example): You have medical bills and lost wages from an injury. The insurer’s best settlement offer does not fully cover your treatment or income lost while you recovered. You disagree with that valuation and want to know what you can do next under Montana law and practice.

Short answer: You can push for more money by documenting your losses, negotiating, using alternative dispute resolution (mediation or appraisal), filing a lawsuit, or filing a complaint with Montana’s insurance regulator. If the injury is work-related, you may have separate workers’ compensation remedies. Consider talking to a Montana personal-injury attorney to evaluate the strength of a larger claim and the cost/benefit of litigation.

How to evaluate the insurer’s offer

  • Compare the offer to your out-of-pocket medical bills, projected future treatment, and documented lost wages (pay stubs, employer letters, tax returns).
  • Factor in non-economic losses you may claim (pain and suffering, loss of enjoyment) and whether Montana law and your policy allow recovery of those damages.
  • Estimate case expenses and risks: attorney fees (many personal-injury lawyers work on contingency), court costs, expert witness fees, and the chance a judge or jury might award more than the insurer offers.

Practical next steps to seek more money

  1. Document everything. Gather medical records, billing statements, wage records, employer statements about missed hours, and photos or other proof of injury and damage.
  2. Send a well-supported demand letter. Outline injuries, itemize bills and lost wages, attach supporting documents, and state the amount you believe fairly compensates you. Ask for a deadline for response.
  3. Negotiate strategically. Be prepared to explain future treatment needs and lost-earnings calculations. Ask the insurer how they valued future care and wages and challenge assumptions. You can make counteroffers and request a re-review.
  4. Use independent opinions. A letter from your treating physician or an independent medical evaluation can strengthen claims for future care. Wage verification from your employer or a vocational expert helps lost-wage claims.
  5. Try mediation or neutral evaluation. Many cases settle after a mediated session where a neutral mediator helps both sides reach an agreement without a trial. This is usually faster and cheaper than litigation.
  6. File a lawsuit if negotiation stalls. If negotiations fail, you can file a civil claim in the appropriate Montana court to ask a judge or jury for damages. Understand the procedural rules, deadlines, and costs before suing.
  7. If the insurer acted unfairly, consider a regulator complaint. If you believe the insurer engaged in bad-faith or illegal claim practices, you can file a complaint with Montana’s insurance regulator (Commissioner of Securities and Insurance). They can investigate consumer complaints and may take enforcement action.

Special situations

  • Work-related injuries: If your injury occurred at work, you may have a workers’ compensation claim for medical benefits and wage replacement. That system has its own rules and timelines; contact Montana Department of Labor & Industry for guidance.
  • No-fault or policy limits: If the insurer is the at-fault party’s liability carrier and you hit policy limits, you can sue the at-fault party personally if they have additional assets. If the policy is a limited-coverage policy (e.g., UM/UIM caps), recovery may be limited by the policy language.
  • Multiple sources of recovery: You might recover from an at-fault driver’s liability carrier, your own uninsured/underinsured motorist coverage, a workers’ compensation carrier (with subrogation issues), or a third party. Each source has different rules.

What to expect if you sue

  • Litigation timelines vary. A lawsuit can take months to years depending on discovery, motions, and trial schedules.
  • Discovery lets you obtain the insurer’s file, medical records, and other evidence. This often changes settlement dynamics.
  • Attorneys commonly work on contingency for injury cases, meaning they collect a fee only if you recover. Confirm the contingency percentage, expense handling, and fee agreement in writing.
  • Even after filing suit, you may settle at any time before or during trial.

Where to get help and official Montana resources

Final practical point: If the amount at stake is modest and the insurer’s offer is close, settlement often beats the cost and delay of litigation. If the insurer’s valuation overlooks clear future treatment needs or lost wages, a lawyer can assess whether the case likely justifies filing suit.

Helpful Hints

  • Keep an organized claim folder: medical records, bills, dates of treatment, and wage documents.
  • Request explanations in writing when the insurer denies or reduces items—get the evaluator’s basis for any low offers.
  • Don’t sign a full release for a small check until future treatment and wages are certain, or get specific language reserving future claims.
  • Ask your employer for a letter confirming hours missed and pay practices; that strengthens lost-wage claims.
  • Consider an initial consultation with a Montana injury attorney—many offer free or low-cost case reviews and can estimate potential recovery and costs.
  • If your injury is work-related, report it promptly and follow the workers’ compensation filing rules to preserve benefits.
  • Use mediation early if both sides seem far apart; a neutral can often bridge gaps without court expense.

Disclaimer: This article is educational only and does not provide legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Montana attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.