How Long Does a Car Accident Settlement Take In Montana?
A car accident can be a painful and traumatic experience, especially when it results in serious injuries to drivers or passengers. While no legal process can undo the harm caused by a crash, a successful Montana car accident claim can ease the financial burden by providing compensation for medical bills, lost wages, out-of-pocket expenses, and pain and suffering.
If you’ve been injured, speaking with an experienced Bozeman car accident lawyer can help you understand what to expect and avoid delays caused by insurance company tactics. One of the most common questions accident victims ask is: How long will my car accident settlement take in Montana?
Montana’s Fault-Based Car Accident Laws
Montana is a fault-based insurance state for car accident claims. Under Montana Civil Liability Code 27-1-702, the law 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, but any damages allowed must be diminished in the proportion to the percentage of negligence attributable to the person recovering.”
In other words, a car accident victim must file a compensation claim against the at-fault driver’s insurance. However, if the injury victim contributed to the cause of the accident, they can still recover compensation as long as they are less than 50% at fault. In these cases, the insurance company subtracts the injury victim’s percentage of fault from the amount they pay on the claim. For this reason, every car accident claim requires an investigation by the insurance companies of those involved to determine each driver’s percentage of fault.
Most car accident claims in Montana take a minimum of six months to resolve, but more complex cases can take up to three years under the state’s statute of limitations.
Understanding the Car Accident Claim Process In Montana
When a car accident causes property damage and injuries, the insurance companies of all involved drivers launch an investigation into the accident by examining the police report and other evidence. Then they assign fault percentages to each driver. Depending on the circumstances, one driver could be 100% at fault and the other 0%; however, insurance companies have a strong incentive to assign fault to injury victims to reduce the amount they have to pay on the claim and protect company profits.
For this reason, many car accident victims with extensive damages hire a Bozeman personal injury attorney to protect their best interests throughout the process. A car accident lawyer does the following:
- Investigates the accident by examining the police report, photos, videos, and eyewitness testimony
- Compiles evidence of the at-fault party’s negligence and liability
- Carefully calculates the injury victim’s past and future damages
- Sends their findings to the insurance company in a demand package
- Negotiates with the insurer from a position of evidence-backed strength
- Obtains an ample settlement for their client’s damages, or
- Takes the case to court within Montana’s three-year statute of limitations
When Does a Car Accident Claim Go to Court?
The majority of Montana car accident settlements resolve through negotiation. In fact, only about 4% of car accident cases require litigation due to an unreasonable denial or undervaluation of the claim.
When court action is necessary, having a trial-ready Bozeman car accident lawyer can significantly improve leverage during settlement negotiations and outcomes at trial.