Understanding Montana’s Comparative Negligence Laws
Unlike the few no-fault car accident states in the U.S., Montana is one of the majority of states with a fault-based insurance system where the party responsible for the accident is financially accountable for the damages caused to others, like medical expenses, lost earnings, and compensation for pain and suffering. Typically, a Montana car accident claim ends with a settlement for damages from the at-fault driver’s insurance company.
Before undertaking the Montana car accident claim process, it helps for an injury victim to understand the state’s comparative negligence laws and how they impact the total amount of compensation they can recover in their claim. Consulting with an experienced Bozeman car accident lawyer can help ensure your claim is handled correctly and you receive the compensation you deserve.
What Is Modified Comparative Negligence In Montana?
Montana has a modified comparative negligence system for personal injury claims, including car accident cases. Under this fault-based system, an injury victim seeking compensation for their damages can recover compensation even if they contributed to the cause of the accident as long as they are less than 50% at fault. The state describes this under Montana 27-1-702, which states the following:
“Contributory negligence does not bar recovery in an action by a person or the person’s legal representative to recover damages for negligence resulting in death or injury to the person or property if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought…”
How Does Montana’s Modified Comparative Negligence System Impact My Claim?
The insurance company assigns an adjuster to the claim who investigates the accident and assigns a percentage of fault to all involved. Montana 27-1-702 goes on to say the following:
“…Any damages allowed must be diminished in proportion to the percentage of negligence attributable to the person recovering.”
In other words, the insurance company subtracts the injury victim’s percentage of fault from the amount they pay out on the claim. If the injury victims did not share any responsibility for the accident, their percentage of fault is 0%, allowing them to recover the full amount of compensation available to them.
Although Montana’s modified comparative negligence system benefits those accident victims who are partly at fault, it also provides an incentive for the insurance system to assign fault to reduce the amount they have to pay out on the claim, protecting their profits at the injury victim’s expense.
Understanding How Insurance Companies Use Modified Comparative Negligence
Under Montana’s comparative negligence laws, if the insurance company finds an accident victim 25% at fault, they reduce the payout by 25%. Imagine a reckless driver runs through a stop sign and has a T-bone collision with a driver of a car with the right of way, causing a serious injury to the motorist with the right of way.
If the insurance company finds the injured motorist 25% at fault because they were driving five miles per hour over the speed limit, they can reduce a $100,000 claim to a $75,000 payout. In the worst cases, an insurance adjuster may assign an injury victim 51% fault, shifting liability to them.
When an accident victim hires an experienced Bozeman personal injury lawyer, their attorney conducts an independent investigation to protect their client’s best interests, including proving the other driver’s liability and protecting against an insurance company that may assign the injury victim an undue percentage of fault.