IS MONTANA A FAULT OR A NO-FAULT STATE?
In Montana, we have the most common form of liability law relating to fault and liability. In other words, if you are injured in a motor vehicle crash and the crash is the fault of the other driver, or of the driver of the vehicle you are in if you are a passenger, then you can recover from their insurance company or your own insurance company. If it is an uninsured motorist claim, there must be negligence to recover damages other than medical expenses. We do have medical payments coverage policy provisions in Montana. We do not generally have what is known as a personal injury protection coverage that includes wage loss as they do in some states such as Oregon where I am also licensed. In Montana, we have Med-Pay, which is a no-fault coverage that you can have on your vehicle.
You can have uninsured and underinsured motorist coverage, which is a no-fault coverage, which you can use when the other driver who is at fault does not have any insurance or have enough. But other than your medical payments coverage, which is a no-fault coverage that you can use in any injury involving your vehicle such as hitting a deer, slipping on the ice getting out of your car in a parking lot and breaking your ankle, your medical payments coverage should be available for that regardless of fault. Otherwise, to recover against the insurance company, the other driver or the driver in your vehicle, if it is their fault and they are negligent, they have to be at fault. Generally, collisions and crashes do not happen without somebody failing to pay attention, violating a statute or otherwise being negligent.
Some states have no-fault coverage where there are limits on what you can recover. You do not necessarily make a claim against the other party and that is not how we do it in Montana. It is not like it is in states like Florida or other places. We have a lot of people visit Montana from other parts of the country that have no idea how this works and it is completely different from the state in which they reside in. It is very important that they get a Montana attorney that practices in this field of law and is skilled and experienced in this kind of law and how they work here.
For more information on liability laws in Montana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (406) 407-9099 today.