Where Are Car Accidents Reported?

When did you last drive past an accident on U.S. 93 / Reserve Street? According to the Missoula Police Department Traffic Safety Unit, that area has the “highest and most severe crash rates.” Overall, the Missoula Police Department responds to around 1,800 crashes per year. With every one of those responses, an official accident report is filed and logged into the city and Montana Department of Transportation database.

These reports will form the foundation for future insurance claims or civil lawsuits. It might also be the first piece of evidence that you bring to a car accident lawyer to discuss your case. Are you required to report every accident? That depends on the circumstances.

Montana law stipulates that you must file an official police report if the crash results in any kind of injury. If it is just damage, you only have to report the accident if the damage is more than $1,000.

When you report the incident, you need to include the names and contact information of all the parties involved, license plate numbers, witness identification, and the details of the accident, such as time, place, and road/weather conditions.

You might also have an obligation to report the crash to your insurance company. That is not the same as filing a claim but just informing them of the incident. That could put them on alert for a future claim. This reporting would only be required if it is stipulated in your policy.

There are additional traffic laws and car ownership regulations that every Montana driver needs to be aware of.

Comparative Negligence Laws in Montana

Montana applies the comparative negligence system when assigning fault in an accident.

Under this system, a plaintiff in a car accident claim can only receive compensation if it is proven that they are more than 50% not at fault for the accident. The amount of fault is deducted from the final settlement amount.

For instance, if you’re found to be 20% at fault for the accident, you would only get 80% of the final settlement number.

Statute of Limitations

The moment you get into an accident, the clock starts ticking with regard to how long you have to file a personal injury lawsuit.

In Montana, that statute of limitations is three years. That does not include filing an insurance claim. However, the process of filing an insurance claim can take up a lot of time, as insurance companies are known for delaying.

When you work with an attorney, they will make sure you will meet all the filing deadlines.

Insurance Laws

A driver’s first responsibility is to follow the traffic laws and stay focused on the road ahead.

Next, they need to carry a minimum amount of liability insurance. This insurance protects another driver if there is an accident. In Montana, the minimum liability insurance coverage is as follows:

• 25,000 because of bodily injury to or death of one person in any one accident and subject to the limit for one person
• 50,000 because of bodily injury to or death of two or more persons in any one accident
• 20,000 because of injury to or destruction of property of others in any one accident

The injured party could immediately file a civil lawsuit if a driver does not carry the required insurance and causes an accident. The results of that lawsuit could have the at-fault party selling assets in order to pay for damages.

What Happens After You File a Report

After you file a crash report, you’ll need to file an insurance claim against the policy of the person who caused the accident. That will start an investigation, and that carrier will do whatever it can to deny the claim. That is when you want to involve Western Justice Associates, PLLC, in the case.

We are experienced attorneys who help clients with initial claims and eventual lawsuits if needed.

We understand what type of evidence needs to be presented, starting with the initial crash report. When someone is the cause of your injuries and damage, they need to be held accountable.