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Can I recover damages if I am injured by an uninsured driver?


Like almost every state, Montana requires all vehicle owners to carry liability insurance or post an indemnity bond to cover bodily injury damages resulting from an accident. Owners of fleets of 25 or more vehicles can provide a certificate of self-insurance if they have sufficient resources to pay a judgment arising out of an accident. The insurance must provide liability coverage for bodily injuries in the amounts of $25,000 per person injured and $50,000 per accident. Unfortunately, many drivers in Montana drive without insurance, in violation of the law.

If you are injured in an accident with an uninsured driver you may still be able to recover damages, however. If you own an insured vehicle and have uninsured motorist coverage in your policy, you can make a claim against your own insurance company for the damages you have suffered. Montana law requires that uninsured motorist coverage be included in any automobile liability policy issued in the state, unless the customer rejects the coverage.

Many automobile insurance policies also include underinsured motorist coverage. This coverage protects you if you are injured in an accident caused by a driver who has insurance, but not enough to cover the damages you have suffered. Underinsured coverage is not mandatory in Montana, however.

In any personal injury case an experienced attorney will investigate all potential sources of financial recovery. Uninsured or underinsured coverage is often essential to provide compensation to an injured car accident victim. Uninsured and underinsured coverage is not particularly expensive for most people. If you don't have it, it would be a good idea to look into getting it.

Source: Montana Code Ann. ยง 33-23-201, accessed Nov. 24, 2014

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