Understanding Insurance Coverage Minimums In Montana
Montana is a fault-based insurance state. Under the state’s modified comparative negligence system, a car accident victim may recover compensation for their accident damages by filing a claim against the driver who caused the accident. Under this law, drivers in Montana protect themselves against personal liability after an accident by carrying at least the minimum required insurance coverage.
What Is the Minimum Required Liability Insurance In Montana?
In order to drive legally in Montana, motorists must carry the following minimum insurance coverage:
- $25,000 in personal injury coverage per person
- $50,000 in total personal injury coverage per accident (for injuries to more than one person)
- $20,000 in property damage coverage per accident
The state’s requirements for liability insurance are outlined under Montana Code 61-6-103. This law also requires drivers to produce proof of their minimum insurance coverage when stopped for a traffic violation. Although Montana does not require uninsured/underinsured motorist coverage, the state requires insurance providers to offer this important coverage to all of their policyholders.
How Does a Modified Comparative Negligence Insurance System Work?
Montana’s car accident laws allow injury victims to recover compensation for their damages even if they contributed to the cause or severity of an accident as long as they are less than 51% at fault. For example, if a car accident victim’s damages amount to $100,000 but the insurance adjuster assigned to the case determines that they are 25% at fault, they’d recover $75,000. While this system allows car accident victims to recover their damages even if they contributed to an accident, insurance companies may take unfair advantage of this law by assigning an undue percentage of fault to an injury victim to protect their profits.
Proving Liability In a Car Accident Claim
When an injury victim files a claim to recover their damages, they must provide compelling evidence of the at-fault driver’s liability. Typically, a car accident attorney investigates the accident by examining the accident report, reviewing photo and video evidence, and interviewing eyewitnesses. Proving liability requires showing evidence of the following:
- The at-fault party owed a duty of care to others on the road, including the accident victim
- They breached this duty through an act of negligence
- The negligent breach of duty directly caused the accident
- The accident victim suffered significant economic and non-economic damages from the accident
After proving that an at-fault driver caused the accident, the injury victim must show evidence that they sustained damages from the accident. Typical damages include past and future medical expenses, past and future income loss, diminished future earning capacity, and compensation for pain and suffering. In some cases, additional damages apply such as loss of limb, loss of vision or hearing, or disfigurement or scarring compensation. The injury victim files a claim against the at-fault driver’s insurance. If the value of the claim far exceeds the limits of Montana’s minimum insurance coverage, a skilled car accident lawyer in Bozeman may pursue other avenues for compensation. For example, if a road hazard contributed to the accident, a lawsuit against a negligent road maintenance agency could recover additional compensation.