A car accident can turn an ordinary day into a confusing and stressful mess. You may feel shaken, sore, and unsure what to do next, all while trying to deal with vehicle damage, missed work, and insurance companies asking questions before you even catch your breath. Many people worry about saying the wrong thing, missing a deadline to file a car accident claim, or losing money they need to recover.
At Judnich Law Office, we help Montanans take control after a crash by guiding them step by step through the claim process and helping them avoid costly missteps early on.
What Should You Do Immediately After a Car Accident?
The actions you take right after a collision can shape your entire experience. Safety comes first, but documentation matters too. After an accident, you should:
- Check for injuries and call 911 if anyone needs medical help;
- Move the vehicles out of traffic if it is safe to do so;
- Call law enforcement to document the crash in an official report;
- Exchange contact and insurance information with the other driver; and
- Take photos of vehicles, the scene, road conditions, and visible injuries.
The law requires you to report certain car accidents in Montana, especially those involving injuries, death, or property damage exceeding $1,000. Calling the police helps ensure compliance and creates a record that insurance companies later rely on.
What if the Police Did Not Write a Report?
If you call 911 and law enforcement either does not arrive at the scene or does not provide a written report, it will be your responsibility to complete the necessary paperwork. You are required to file a report with the Montana Highway Patrol (MHP) within 10 days of the car accident. You must fill out and submit the “Individual White Form,” which is the MHP’s Vehicle Crash Report. Failure to do so within that timeframe may result in the suspension of your license or permit.
Is It Important to Seek Medical Care?
Even if you feel okay, seeking medical attention matters. Some injuries take hours or days to appear, and gaps in treatment can give insurers room to argue that your injuries did not come from the crash. Medical records help establish the following:
- That the accident caused your injuries,
- The seriousness of your condition, and
- The care you need to recover.
Prompt treatment protects both your health and your claim.
Do I Have to File a Car Accident Claim with My Insurance Company?
Most claims begin with notifying your insurance company, which is not the same as filing a police report. When you contact your insurance company, either by phone or through their app, they will typically ask for:
- Basic information about the accident (where, when, how);
- The police report number, if you have it;
- Photos or documentation; and
- Medical and repair information as it becomes available.
Stick to the facts. Avoid discussing fault or injuries, as more details might emerge later showing you have an injury or that specific treatment is needed. Talking about it prematurely would be based on guesses, which is not in your best interest. Insurance adjusters, even your own, often ask questions aimed at limiting payouts rather than helping you recover.
Should You Talk to the Other Driver’s Insurance Company?
We do not recommend talking to the other driver’s insurance company. While adjusters may sound friendly, their job is to reduce what the company pays. If you decide to speak to them, we suggest you limit your call to the following:
- Provide basic identifying information,
- Decline recorded statements, and
- Refer communications to your attorney.
Being careful about what you say early on can help avoid problems later in the claim process.
What Damages Can You Recover in a Montana Car Accident Claim?
Car accident claims cover more than vehicle repairs. Montana law allows injured people to pursue compensation, including:
- Medical bills and future treatment costs,
- Lost wages and reduced earning ability,
- Vehicle repair or replacement,
- Pain and suffering, and
- Loss of enjoyment of life.
Every case is different, and documentation plays a key role in proving these losses.
How Does Fault Affect Your Accident Claim in Montana?
Montana uses a comparative negligence system, which means drivers can share fault, and your percentage of responsibility for the accident may reduce your compensation.
For example, Driver B stopped at a 4-way stop. Driver A is approaching their stop sign, but fails to stop. Because Driver B expected them to stop, Driver B looked at their phone and hit the gas at the same time. Both cars collide. The jury may decide that Driver B is 10% at fault for being distracted, but Driver A is 90% at fault for not stopping. If the award is $100,000, then Driver B’s compensation would be $90,000. On the other hand, if the jury found Driver B was 51% at fault, Driver B would not be able to recover damages.
Insurance companies attempt to use this rule to shift blame and limit payouts, making early evidence and legal guidance especially important.
What Happens If the Other Driver Is Uninsured?
Montana drivers must carry minimum insurance coverage, but not everyone complies. If the at-fault driver lacks coverage, your own uninsured or underinsured motorist policy may apply. These claims still involve insurance companies that protect their own interests, so documentation and strategy remain critical.
How Long Do You Have to File a Car Accident Claim or Lawsuit?
Deadlines are important. In Montana, the statute of limitations for most personal injury claims is three years from the date of the accident. Missing this deadline means you cannot sue for damages, no matter how injured you are. Insurance claims often move faster than lawsuits, but delays can still hurt your position. Acting early preserves your options.
What Are Common Mistakes That Hurt Car Accident Claims?
Many people unintentionally damage their claims by:
- Waiting too long to seek medical care,
- Posting about the accident on social media,
- Giving recorded statements without guidance,
- Accepting quick settlement offers, or
- Assuming the insurer will “do the right thing.”
Insurance companies operate on deadlines and documentation, not fairness. Because these issues arise frequently, seeking legal guidance early can help prevent avoidable setbacks.
What Happens When an Insurance Claim Is Delayed or Denied?
Insurance companies may delay a claim for several reasons. They may say they need more documentation, question medical treatment, or argue that fault determination is still under investigation. In some cases, adjusters simply stop responding, hoping that your frustration will push you toward a lower settlement or no action at all. When a claim stalls or gets denied, you still have options. Common next steps include:
- Requesting a written explanation. Insurers must explain why they denied or delayed payment.
- Providing additional documentation. Medical records, expert opinions, or witness statements can fill gaps insurers rely on.
- Challenging fault determinations. Evidence such as photos, accident reconstruction, or police reports can shift responsibility.
- Evaluating settlement offers carefully. Early offers often undervalue long-term medical needs or lost income.
- Taking the insurance company to court. You do not have to wait for the insurance company to reach the correct conclusion; you can take them to court.
This stage is often when legal guidance becomes especially important. A lawyer can step in, take over communication, and apply pressure that insurers are more likely to respond to. When insurance companies know we are prepared to escalate the claim, delays often shorten, and positions change.
When Should You Contact a Lawyer?
You do not need to wait until you receive a denial to seek assistance. Receiving legal guidance early on can be highly beneficial, particularly when injuries are involved or when there is a dispute over fault. A Montana car accident attorney can:
- Handle communication with insurance companies,
- Gather and preserve crucial evidence,
- Accurately calculate the full extent of damages, and
- Advocate against low settlement offers.
Getting a knowledgeable lawyer involved early often helps prevent costly mistakes and protects your rights throughout the process.
Why Choose Judnich Law Office to File a Car Accident Claim?
Since opening in 2005, Judnich Law Office has proudly served Montanans for over 20 years, bringing fierce advocacy and genuine compassion to every case. We have helped hundreds of people pursue the compensation they deserve across all 56 Montana counties, utilizing our deep understanding of how state courts and insurers handle accident claims. Whether through flexible after-hours meetings or online consultations, we never lose sight of our responsibility to provide the real help our clients need. When insurance companies refuse to act reasonably, we are prepared to escalate the matter and pursue resolution through the courts if necessary.
Take the First Step After a Montana Car Accident Today
You do not have to navigate this process alone. If you were injured in a car accident in Montana and have questions about your next steps, now is the time to act. Contact Judnich Law Office today to discuss your situation and learn how we can help you move forward with steady guidance through each phase of your claim.
