Do I Need a Police Report for My Car Accident Claim?
After the pain and adrenaline subside following a car accident, the secondary distress of the involved legal requirements arises. One of the first questions is often: “Do I still need to report the accident, and do I need a copy of the report to file a car accident claim?”
Under Montana 61-7-109, the law states the following:
“The operator of a motor vehicle that is in any manner involved in an accident within this state in which a person is killed or injured or in which damage to the property of a person in excess of $1,000 is sustained shall, within 10 days after the accident, report the matter in writing to the department unless the accident was investigated and reported by a law enforcement officer…”
Understanding Car Accident Reports In Montana
Montana has a set of required duties placed on drivers involved in car accidents. These duties not only require drivers to remain at the scene and give aid to injury victims, but also to file a car accident report in the jurisdiction where the accident took place within ten days of the accident date. They must also report the accident to their insurance company within the number of days specified in their contract.
When an accident involves injuries or fatalities such as a wrongful death, police arrive at the scene along with emergency services. When officers arrive at the scene of a car accident in Montana, they generate a police report, making it unnecessary for the driver to report the accident to the police. The report includes detailed information about the arriving officer’s observations of the accident scene.
How Does the Police Report Help My Montana Car Accident Claim?
Montana is a fault-based accident state with a modified comparative negligence system. Under this system, an injury victim may file a compensation claim for their accident-related damages, such as medical expenses, lost wages, pain, and suffering, from the at-fault party’s insurance as long as the injury victim is less than 51% at fault for the accident. The claimant in a car accident case has the burden of proof to show that the other driver was at fault, or mostly at fault, for the accident.
An injury victim’s copy of their car accident police report becomes key evidence to prove fault for the accident. The report includes identifying information about all those involved in the accident, their initial statements, insurance information, and descriptions of the accident scene. It may include eyewitness statements as well. This report, together with the results of an investigation by the injury victim’s Montana car accident lawyer, helps to make a compelling case for full and fair compensation.
How Do I Get a Copy of My Car Accident Report In Montana?
After an accident, you can obtain a copy of your report from the law enforcement agency that investigated the accident. Depending on where the accident occurred, this could be the Montana Highway Patrol, the local police, or a county sheriff’s department. Information about obtaining accident reports is available through Montana’s Department of Justice online crash record portal.