Why Is the Other Person's Insurance Calling Me After an Accident?
When the other driver's insurance company calls after a car accident in Billings, you are not legally required to speak with them or give a recorded statement. Politely decline to discuss the accident, share only basic information like your name and policy number, direct them to your lawyer, don't sign anything, and never admit fault.
Here's what most people don't realize after a Billings car accident: the insurance company that calls you is not on your side. They represent the other driver. Their job is to pay you as little as possible.
Every word you say on that call can be used to do exactly that. Insurance adjusters are trained to ask friendly questions that lead you into weakening your own claim. A casual "I'm feeling okay" can later be used to argue your injuries weren't serious.
Before you return that call, talk to a Billings car accident lawyer who can handle the conversation for you. That's one of the fundamental ways we help protect your rights, and it’s one of the first things we do for clients at Yellowstone Law.
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Key Takeaways for Billings Car Accident Insurance Claims
- You have no legal obligation to give the other driver's insurance company a recorded statement after a car accident, and doing so before speaking with an attorney can hurt your claim.
- Montana is an at-fault state, meaning the driver who caused the crash is responsible for your damages through their liability insurance.
- Insurance adjusters are trained to minimize payouts, and even casual statements like "I'm doing fine" can be used against you during settlement negotiations.
- Montana’s statute of limitations for auto accidents (MCA 27-2-204) gives you three years from the date of the accident to file a personal injury lawsuit, but waiting too long to act can weaken the evidence in your case.
- Yellowstone County ranks among the top counties in Montana for traffic crash fatalities, with 2,687 reported collisions and 27 deaths in a recent year.
What Does the Other Driver's Insurance Company Actually Want When They Call?
They want information they can use to reduce or deny your claim. The adjuster may sound concerned and ask how you're feeling. But every answer feeds into a claim investigation built to protect their company’s profits.
The National Association of Insurance Commissioners notes that insurers have a legal duty to investigate claims fairly. In practice, adjusters actively look for reasons to pay you less.
Here's what adjusters are typically after:
- An admission of fault, even a partial one, like "I probably should have braked sooner"
- A statement about your injuries that downplays their severity
- Permission to access your full medical history, not just the records related to the crash
- Your acceptance of a quick settlement offer before you've had time to speak with a lawyer and learn what your claim is worth
The friendlier the adjuster sounds, the more careful you should be. Their goal is to close your file quickly and cheaply.
Should I Give a Recorded Statement to the Insurance Company After a Billings Accident?
No. You are not required to give the other driver's insurance a recorded statement. We strongly recommend against it. Anything you say becomes part of the permanent claim file and can be used to challenge your injuries or credibility.
Even honest answers can be twisted. If you say "my neck is a little sore" today, and three weeks later an MRI shows a herniated disc, the insurer will point to your early statement to argue the injury came from somewhere else.
The National Highway Traffic Safety Administration reports that Montana consistently ranks among the most dangerous states for driving. Serious traffic accident-related injuries are common here, which is all the more reason to be careful about what you share with an adjuster.
Your attorney can provide the insurer with the information it needs, on your terms and in a way that protects your rights.
How Does Montana's At-Fault Insurance System Affect Your Car Accident Claim?
Montana is an at-fault state. That means the driver who caused the accident is financially responsible for the other driver's injuries and property damage through their liability insurance.
Montana requires all drivers to carry minimum coverage of $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage. But those minimums are low. A serious crash on State Avenue or along the Yellowstone River corridor can easily produce medical bills after a car accident that exceed those limits.
When the at-fault driver's policy isn't enough to cover your losses, other options may apply. Your own uninsured or underinsured motorist coverage can fill some of the gap. Over the past decade, studies have shown that 7% to 15% of Montana drivers carry no insurance, underscoring the importance of this coverage.
Your attorney evaluates all available sources of accident compensation and builds a strategy that accounts for the full scope of your damages.
Ask Yellowstone Law About Your Billings Car Accident Claim
Q: Should I talk to my own insurance company after a car accident that wasn't my fault?
A: Yes, but be careful with your words. Your own policy likely requires you to report the accident. Stick to the basic facts of what happened, where, and when. Don't speculate about fault or describe your injuries in detail. If you've already hired an attorney, let them know so they can handle those conversations too.
Q: Do I have to talk to the other driver's insurance company?
A: No. Montana law does not require you to speak with the at-fault driver's insurer. You can politely decline the call and direct them to your attorney. Once you have a lawyer, the insurance company is required to communicate through your legal team instead of contacting you directly.
Q: Can the insurance company record my phone call without telling me?
A: Montana is a one-party consent state for phone recordings, which means only one person on the call needs to know it's being recorded. The adjuster may be recording from the moment you pick up. If they ask for a formal recorded statement, you have every right to decline.
Q: What happens if I ignore the insurance adjuster's call?
A: You are not obligated to speak with the other party’s insurance company; there is no deadline for returning their call, and you won't lose your right to file a claim. In fact, waiting until you've spoken with a Billings car accident lawyer often puts you in a stronger position because your attorney can manage the conversation from the start.
Q: Should I accept the first settlement offer after a car accident?
A: In most cases, no. Early offers rarely reflect the full value of your injuries, especially when you're still receiving medical treatment. Your attorney can evaluate whether the offer accounts for your medical bills, lost wages, ongoing care, and the pain and emotional toll of the accident.
How Do Insurance Adjusters Try to Lower Your Payout After a Montana Car Accident?
Adjusters have a playbook for lowering payouts, and they use it on nearly every claim. The strategies are designed to get you to settle quickly, accept less, or give them ammunition to reduce what they owe.
Pushing You Into a Quick Settlement
Adjusters often call within days of the crash with a settlement offer. It might sound reasonable at first. But it almost never accounts for future medical treatment, long-term pain, or lost earning capacity. Once you accept, you give up the right to ask for more.
Disputing the Connection Between the Crash and Your Injuries
If there's any gap in your medical treatment, the insurer will argue your injuries aren't related to the accident. They'll also look for pre-existing conditions in your medical records and try to blame your pain on something that happened before the crash.
Shifting Blame to You
Montana follows a modified comparative negligence rule. If the insurance company can argue you were partly at fault, your compensation goes down. If they can successfully push your share of fault above 50%, you will lose the right to recover compensation. Adjusters look for any detail that helps them shift blame, from your speed to whether you were on your phone.
Using Your Own Words Against You
Agreeing to provide a recorded statement can put your right to fair compensation at risk. Insurance companies train adjusters to ask open-ended questions that lead you into saying more than you should.
A casual comment about your daily routine, your mood, or how you've been sleeping can all be used in ways you wouldn't expect. Having a lawyer involved early changes the outcome of so many claims for this reason.
What Should You Do After a Billings Car Accident to Protect Your Claim?
If you've already been to the doctor and you're home recovering, there are a few things that can strengthen your case. Your attorney handles the legal side, but these steps help build a stronger claim from the start.
- Talk to a lawyer before you talk to anyone else's insurance company. A Billings car accident attorney can get involved immediately and take over all communication with the adjuster.
- Follow through on every medical appointment. Follow through on every medical appointment. Whether you're being treated at St. Vincent Healthcare, Billings Clinic, or another local provider, gaps in treatment give the insurance company an opening to question your injuries.
- Keep a daily journal of how the accident affects your life. Notes about your pain, your limitations, and the things you can't do anymore help document the personal toll that medical records alone may not capture.
- Stay off social media when it comes to the accident. Adjusters and defense attorneys review your posts looking for anything that contradicts your injury claim.
Taking these small steps can support your car accident case in substantial ways.
Montana Car Accident Insurance Claims: Questions Answered by Our Billings Personal Injury Lawyers
What are my rights after a Montana car accident?
You have the right to seek compensation from the at-fault driver's liability insurance for medical expenses, lost income, property damage, and pain and suffering. You can hire an attorney, refuse a recorded statement, and reject any settlement offer that doesn't reflect the full value of your injuries.
How much is my Billings car accident claim worth?
The value depends on the severity of your injuries, your medical costs, how much work you've missed, and how the accident has changed your daily life. Montana allows recovery for economic damages like bills and wages, and non-economic damages like pain and emotional distress. Your attorney evaluates all of these when determining a fair number.
Can the other driver's insurance deny my claim in Montana?
Yes. Insurers deny claims for reasons ranging from fault disputes to arguments about whether the crash caused your injuries. A denial is not the final word. Your attorney can challenge it, present additional evidence, and pursue the claim through negotiation or litigation if needed.
Do I need a lawyer before talking to the insurance company?
Talking to a lawyer first is one of the smartest moves you can make. Once your attorney is involved, the insurer deals with them instead of you. That protects you from saying something that could hurt your claim and puts someone in your corner who knows how adjusters operate.
Can the insurance company blame the weather for my accident instead of their driver?
They might try to blame the weather. Adjusters sometimes argue that icy roads, snow, or poor visibility caused the crash rather than their policyholder's negligence. But Montana drivers have a legal duty to adjust their speed and driving habits to match road conditions.
If the other driver was going too fast for an icy stretch of I-90 or failed to brake in time on a snow-packed Billings street, weather doesn't let them off the hook. Your attorney can push back on that argument with evidence from the crash scene, the police report, and witness accounts.
How long do I have to file a car accident claim in Montana?
Montana gives you three years from the date of the accident to file a personal injury lawsuit. For property damage claims, the deadline is two years.
Waiting too long can make it harder to gather evidence, locate witnesses, and build a strong case. The Montana Department of Justice oversees many aspects of motor vehicle law in the state, and your attorney can walk you through the deadlines that apply to your situation.
Let Yellowstone Law Handle the Insurance Companies
After a car accident on I-90, near the Rimrocks, or anywhere in the Billings area, the last thing you need is pressure from an insurance adjuster. You're still figuring out the extent of your injuries, and that call can wait.
At Yellowstone Law, we've spent more than three decades helping Montana families deal with insurance companies after serious accidents. We know the tactics, the law, and how to protect your claim.
Our office is at 310 Grand Avenue in Billings, and we're ready to talk whenever you are. Call us at (406) 259-9986 or contact us online to set up a free consultation. Yellowstone Law covers all case-related costs, and your attorney only gets paid if we secure compensation for you.