Car Accident Questions

How do I know if I have a case after a car accident?

The best way to find out your options is to talk to an attorney who practices in automobile accident lawsuits. In general, a successful case can be made when another party is at fault (or partially at fault). The other party can be the driver of the other vehicle, a vehicle that contributed to the accident, a manufacturer of faulty equipment, someone responsible for road upkeep or a number of other entities. Do not assume that because you weren't completely in the right that you have no grounds to sue.

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How do I collect from an insurance company after a car accident?

This depends on whether or not the fault is clear, the damages are well understood and the total amount of the claim. For most car repair claims, a claim is submitted along with details about the accident and estimates of repair. A lawyer is probably not needed in these cases. However, when there are serious physical injuries (possibly permanent) or a death, the dollar amounts and liability of the insurance company shoot up. Like many other businesses, an insurance company will wish to protect their profits – this can mean low-balling a claim or fighting to apply pressure for a lower settlement. In this latter case, hiring an attorney is a smoother path to a fair settlement.

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Do I have to accept what the insurance company offers me?

No. You have the right to negotiate and seek a higher amount. Justifying a higher settlement and then negotiating on your behalf is one of the roles a professional injury lawyer takes on. Even then, you have the right to accept or reject what is offered.

One critical mistake to avoid is the urge to settle quickly when total damages are not clear – as when there is an ongoing medical issue. Some insurance representatives are very skilled at convincing you it is in your best interests to take a check. Without competent legal advice, you are usually just guessing what the right move may be.

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Who has to pay after an automobile accident?

Montana has a "tort system" in place for automobile accidents. The driver who is at fault is liable to pay the damages for other vehicles. Usually, this means their insurance company will have to pay, but if they do not have insurance or they do not have enough coverage, they will be personally liable. You may be in an accident with someone who doesn't have insurance. For that reason, we recommend you carry an "uninsured motorist" policy along with your regular automobile insurance.

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What happens if I was partially at fault in the accident?

Montana has a comparative, proportional fault standard. This means for a successful suit, you have to show that you were less than 51% at fault. Depending on the percentage determined, your damages can be reduced by that amount. However, each set of circumstances are different. Your attorney will argue for the lowest percentage of fault possible. This will be part of the negotiations between your attorney and the insurance adjuster.

Fault and percentage of responsibility can be a very complex subject. Most drivers will not know what outside factors they can investigate to help their case. For example, if the other driver was talking on a cell phone during the accident, they share more fault than you realize. There are many other considerations as well – please have your attorney assess your percentage of fault based on their extensive experience.

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I have uninsured motorist insurance—will I have to fight my own insurance company?

Unfortunately, you may have to. Since your own insurance company has to pay, they then occupy the position of an adversary. It is to their financial advantage to limit how much they pay you. Do not assume that because you have paid premiums (sometimes for decades) or know the agent, that you will get a fair shake from your insurance company. If there is an injury, substantial loss of work or a death involved, you should get an opinion from an injury attorney before you sign any documents.

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Do I have to take a medical exam if requested by my insurance company?

Because you have a contractual relationship with your insurance company, in most cases you will have to. These exams are called "insurance medical exams," or IMEs. They are not always representative of your best interests and the results may be used against you by the defending insurance company.

You should read your policy to see what is required of you. If you do not understand your legal obligations, please seek competent legal advice as soon as possible. The results of the IME can be used to deny you continuing coverage or benefits. An attorney practiced in injury law will be able to properly document your injuries and fight their expert with one on your side.

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I was in a minor accident. The damage to the car was minimal but I am still suffering. Do I still have a case?

There is no direct relationship between the damage to the car and bodily damage suffered by the occupants. Your injuries are a separate issue and require a different mechanism to determine harm. This is what a medical professional is for. Do not let an insurance adjuster convince you that you have no claim simply because your car wasn't totaled.

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The insurance company is denying my claim for injuries outright. What can I do?

Insurance companies may insist you don't have any injuries or your injuries are too minor to award money for medical bills. They may do this simply to force you to prove your case. If you surrender, they do not have to pay, so there is a financial reason for them to deny your claim. In many cases, after you hire an attorney, they will take you more seriously and reevaluate your claim. In other cases, you and your attorney may have to fight to get what you are due.

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What type of compensation can I get for a car accident claim?

Your settlement will consist of money for damages. These fall into many categories and your attorney will look at all the types of compensation available. Some are: economic, loss of wages, pain and suffering, reduced quality of life, emotional damage, property damage, and in the case of a wrongful death, loss of companionship and future income.

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I was a passenger injured in an auto accident; can I sue the other driver?

If they were at fault, you have standing to sue. If the driver of the vehicle you were in was at fault, you may have an action against them. One common occurrence is when a passenger is injured because the driver of the vehicle was drunk. Even in these single vehicle accidents, compensation can be awarded.

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Is it possible to sue even when there was no other car involved?

Yes. If there were circumstances caused by another that led to the accident, you may still have a case. Some examples would be improper repair to your vehicle or problems with the road itself that contributed to the accident. It is worthwhile to get an opinion on the particulars of your case.

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What is a "demand letter?"

After an automobile accident, an insurance adjuster will investigate and determine how much you are due (from their perspective). They will then offer a settlement. This may take some time, but you do not have to wait for an offer. You can send a demand letter to the insurance company (or private party) involved and seek a figure of your choosing. Your attorney may also do this as a first step to open negotiations with an insurance company.

A demand letter states the amount of money you will accept to settle the claim. This should only be attempted if you have a clear idea of what your damages actually are. Generally, parties without an attorney are advised to wait and see what the insurance company offers.

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