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Being involved in a car accident is always an unpleasant and frightening experience. Unfortunately, it is also an all-too-common occurrence. In many cases, the at-fault driver’s insurance helps pay for any damage after an accident, and claims are handled smoothly. But if the other driver doesn’t have any – or enough – insurance, trying to collect on a claim to compensate you for your personal injury and property damages can be difficult. While a Ragain & Clark, PC auto accident attorney can discuss your particular options for recovery, the following offers some information on what to expect if you are in an accident with an uninsured driver. 

What Happens if I’m in an Accident and the Driver Has No Insurance?

Liability insurance pays for bodily injury or property damage claims in the event of an accident. Montana law requires drivers to carry a minimum amount of liability insurance to cover bodily injury or property damage claims. All Montana drivers are supposed to carry, at a minimum:

  • $25,000 for bodily injury or death, per accident
  • $50,000 for total bodily injury or death for multiple people in an accident
  • $20,000 for property damage

Under Montana laws covering uninsured and underinsured drivers, car insurance companies are required to offer uninsured/underinsured coverage as part of every policy. Uninsured/underinsured coverage is designed to pay for damages caused by a driver with no insurance or with less insurance than is needed to cover accident bills. If you have this coverage and the at-fault driver is uninsured or underinsured, your own insurance company is supposed to cover the damages that exceed the other driver’s coverage.

If you are involved in an automobile accident caused by an underinsured driver, you are supposed to be compensated for your damages by the underinsured driver’s insurance company up to the limits of their policy. Once that limit has been reached, you will make a claim for the remainder of the damages with your insurance company. If the other driver was completely uninsured, then you will file all claims with your own insurance company.

Our Billings Accident Attorneys Handle the Insurance Companies

It is not unusual for a driver’s own insurance company to fight a claim for damages in an underinsured or uninsured driver case. Depending on the circumstances of the accident at issue, your insurance company might try to claim that you are not entitled to full payment because you were substantially at fault. They will use this claim to get you to settle for an amount that is less than what you deserve. A skilled Billings accident attorney who has experience negotiating with the insurance companies has a better chance of getting you the amount you are legally entitled to.  

Contact Us to Speak With a Billings Accident Lawyer 

To speak with a Ragain & Clark, PC accident lawyer about pursuing an underinsured or uninsured driver claim in Montana, contact us online. Initial consultations are always free. To call our offices directly, call:

Billings Office: 406-651-8888
Worland Office: 307-388-6400