How Car Accident Insurance Claims Work in Montana

The adjuster who calls after your crash works for the insurance company. Not for you. A friendly voice doesn’t change that. The call is part of the company’s investigation.

You may deal with your own insurer, the other driver’s insurer, or both. Every one of them is asking the same thing: what does the policy cover, who caused this, and what is the harm worth? Your answers shape all three.

Just crashed? Start with what to do after a car accident in Montana.

Two kinds of claims

• First-party claim. You claim under your own policy, like collision or uninsured motorist coverage. Your policy likely requires you to report the crash and cooperate.
• Third-party claim. You claim under the at-fault driver’s liability policy. You have no policy with that company, so you generally don’t owe it the same cooperation.

How a claim moves

1. You report the crash. The insurer opens a claim and confirms coverage.
2. The adjuster collects statements, photos, and records.
3. The adjuster decides who’s at fault and how badly you’re hurt.
4. A demand goes out, or an offer comes in.
5. You negotiate. If you agree, you sign a release and get paid.

Some claims get tangled. Commercial vehicles, rideshare coverage, employer liability, umbrella policies, and several injured people all add layers.

What the adjuster is looking for

The adjuster is building a file. Expect them to pull:

• The crash report and photos
• Witness statements
• Your medical records, and how soon you got care
• Any earlier injuries
• Your pay records
• The policy limits

A gap in that file is where a low offer starts. Fill it with facts.

The recorded statement

Say an adjuster calls two days after the crash and asks to record you. You can pause. Ask:

• Who wants this statement?
• Which policy is it under?
• Do I have to give it?
• Can I read the policy or talk to a lawyer first?

If you do talk, stick to what you know. “I don’t know” is a complete answer. So is “I’m still in treatment.” Guessing at speed or distance turns a small slip into a big problem.

Talk to a Montana car accident lawyer before you agree.

Medical authorization forms

Insurers need records tied to your injuries. Some forms ask for far more, like years of history that has nothing to do with the crash.

Before you sign, check who it names, what dates it covers, and what it lets the insurer see. If it’s wide open, ask for a narrower one.

Montana rules insurers must follow

Montana’s insurance code bars certain unfair claim practices when insurers show a pattern of them. That includes:

• Misstating facts or policy terms
• Refusing to pay without a reasonable investigation
• Failing to try in good faith to settle once liability is reasonably clear
• Failing to promptly explain a denial or a settlement offer

If an insurer’s answer feels off, ask for its reasons in writing.

Fault changes your payout

Adjusters often put a fault percentage on you early, before they’ve seen everything. Your share of blame can shrink your payout or, past a point, bar it. Treat that first number as a starting point. See how it works if you’re partly at fault in a Montana car accident.

Coverage and policy limits

The at-fault driver’s policy may not be enough. Montana’s minimum limits can run out fast. Look wider:

• Uninsured motorist coverage
• Underinsured coverage, if your policy has it
• Umbrella policies
• A household member’s policy
• Coverage tied to work or rideshare use

Our guide to Montana car accident laws lists the minimum limits.

From demand to payment

A demand is your side of the story on paper. It covers what happened, why the other driver is responsible, what the crash did to your health, work, and finances, and how much you’re asking for. The insurer can accept, turn it down, or counter.

If you agree on a number, you sign a release before you’re paid. If you don’t, you can keep negotiating, try mediation or arbitration when it applies, or file a lawsuit.

Read every line of that release. It usually ends your claim for good. Here’s what to check before you accept a settlement.

Frequently Asked Questions

Should I call my insurer after a crash?
Yes, promptly. Follow your policy’s notice terms, and keep the first report short and factual.

Do I have to give the other insurer a recorded statement?
Usually not. You don’t have a policy with that company, so its cooperation rules don’t apply to you the way your own insurer’s do. Talk to a lawyer before you agree.

Can an insurer deny a claim?
Yes. It can dispute coverage, fault, cause, or damages. Ask for the reason and the policy language in writing, then have the decision reviewed. You can also contact the Montana Commissioner of Securities and Insurance about an insurer’s conduct.

How long does an insurance claim take?
It depends on your recovery, how clear the evidence is, what coverage exists, and whether anyone disputes fault. A fast payout isn’t always a fair one.

Get a Free Case Review

Got a call from an adjuster and not sure what to say? Call us first. We’ll explain what the insurer is asking for and what you can safely share.

Call us any hour at (800) 777-4141 or request your free case review online. Your review is confidential. There are no upfront fees, and we collect attorney fees only if we recover compensation for you.

Sources: MCA 33-18-201 (Montana Code Annotated).

Legal disclaimer: This page gives general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship. Deadlines and outcomes depend on the facts. Past results do not guarantee a similar outcome.