If you have suffered an injury or your loved one died in a car accident, the Montana car accident lawyer at Pintas & Mullins Law Firm is here for you. We may be able to help you recover compensation for your accident.
Call us at (800) 223-5115 today to set up a free consultation on your car accident case and learn more about how we could help you receive payment for your car accident.
Recovering Compensation for a Car Accident in Montana
In car insurance terms, Montana is a fault state, which means that the person who caused the accident is responsible for paying for it. The at-fault driver’s insurance company is the entity who may actually pay for your expenses after a car accident.
To begin recovering compensation for a car accident that was not your fault, you can file a claim with the other driver’s insurance company or with your own insurance company. If the other driver is at fault for the accident, their insurance company should reimburse you for medical bills and vehicle repairs or replacement costs.
However, the amount the insurance company pays may be limited by the driver’s policy and coverage, or the insurance company may resist paying you to protect their own financial interests.
If you have trouble recovering the funds that a car insurance provider owes you, a Montana car accident lawyer can help you negotiate with them or even file a lawsuit against them if necessary. You may also be able to receive funds from your own insurance company, depending on your policy and the situation.
Sometimes, however, going through the car insurance system is not enough. In these situations, you may consider pursuing compensation through a personal injury lawsuit. A civil lawsuit gives you the opportunity to pursue compensation for costs of the car accident that car insurance cannot provide you.
Whether you only use car insurance or choose to file a lawsuit, it is likely that Montana’s comparative negligence system will affect your ability to recover compensation. Montana Code § 27-1-702 states that any damages you recover must be reduced by how much you are at fault for the injury or accident.
For instance, if you are 25% at fault for the car accident, you will only receive 75% of the damage award. Additionally, you cannot recover any damages if your percentage of fault is greater than the other driver or drivers involved in the accident.
Because of this comparative negligence law, it is important to be able to show who was at fault in the accident when you pursue compensation.
Some reasons for being at fault for a car accident are:
- Distracted driving, such as texting, talking, eating, playing with the radio, or performing other actions while driving
- Driving under the influence of alcohol or drugs
- Aggressive driving
- Reckless driving
- Failing to obey a traffic law
- Failing to maintain proper vehicle care
Consider hiring the Montana car accident lawyer at Pintas & Mullins Law Firm because they may be able to help you by gathering evidence of who was at fault for the accident and presenting it clearly to insurance providers or in court to prove that you deserve compensation for the accident. Evidence our team may collect to help you includes:
- Video footage of the accident or drivers’ actions
- Photos of the accident scene and subsequent damages
- Eyewitness testimony
- Police reports of the accident
- Analysis of the debris at the scene or vehicle maintenance records
Compensation and the Statute of Limitations
There are several types of compensation you may be able to receive for a car accident in Montana through a personal injury lawsuit. Economic compensation covers your out-of-pocket losses, such as:
- Property damage costs
- Medical expenses
- Lost income
- Funeral expenses (in a wrongful death lawsuit)
Non-economic compensation covers you for losses that are intangible and harder to quantify, such as:
- Emotional distress
- Pain and suffering
- Loss of companionship
To recover any of these losses and injuries, however, you must file your lawsuit within the state’s statute of limitations, which is a law that places a time limit on pursuing legal action. Montana Code § 27-2-204 states that three years is the statute of limitations for personal injury and wrongful death cases. If your case is for property damage, the limit is two years, according to Montana Code § 27-2-207.
In some cases, you will lose your right to compensation if your car accident occurred beyond the statute of limitations. Exceptions may be rare, but they do happen, so you can always consult your Montana car accident lawyer to find out your legal options.
Contact Pintas & Mullins Law Firm for Help
The team at Pintas & Mullins Law Firm is here to help with your car accident case so you can focus on what is most important – your healing and recovery. We can investigate your accident, collect evidence of fault or negligence, and identify what losses and injuries you may be able to recover. We can negotiate with insurance companies on your behalf, pursue compensation for you in civil court, or mediate a settlement.
You deserve to receive compensation when you suffer due to another person’s lack of care. Reach out to us at (800) 223-5115 to find out more about how our Montana car accident lawyer may be able to help you. We offer a free consultation at no obligation, and we work on contingency, so you will never owe us anything unless we can recover compensation for you.