Having uninsured coverage is a good idea for any motorist. The decision to purchase this coverage looks even wiser if and when you are hit by an uninsured driver. Rather than being completely without financial coverage, your uninsured motorist coverage should pay for certain accident-related losses, including medical expenses and vehicle repairs.
Having uninsured motorist coverage does not mean your insurance provider will honor your claim. Allow a Billings, MT auto accident attorney to represent you with insurance companies. An attorney will discourage liable insurers from using bad-faith tactics against you, and they will demand that the insurance company provide the money you deserve.
Uninsured Motorists Are a Greater Threat Than Many (Responsible) Drivers Realize
If you are a responsible vehicle owner, you have auto insurance. The law requires that you do. Plus, you don’t want yourself or others to face financial hardship in the event of an accident. You might assume everyone else is as logical and responsible as you—but the numbers prove otherwise.
According to the latest available data:
- About 9 percent of motorists in Montana lack insurance
- Montana ranks 39th in terms of uninsured motorists, which is comparatively good, but even a single uninsured motorist in Billings, MT is one too many
- About 14 percent of motorists in the general population are uninsured
- The rate of uninsured motorists is subject to grow, so there may be more uninsured motorists in Montana today than when the data was first published
You should also note that uninsured motorists from out of state can cause crashes in Billings. There is no excuse for drivers to operate without mandatory insurance, but some reasons why a driver might go without insurance are:
- They are unaware of insurance laws (which, again, is never an excuse to be uninsured)
- They are unaware that their insurance policy has lapsed
- They are driving someone else’s uninsured vehicle
- They believe that financial hardship is a reason not to purchase auto insurance (it is not)
- They believe they can get away with being uninsured
- They do not believe the law applies to them as it applies to everyone else
Neither ignorance nor financial difficulty are valid excuses for being uninsured. In fact, there is no valid excuse for operating a motor vehicle without the necessary insurance coverage. Yet, countless motorists in Montana and throughout the nation operate uninsured vehicles every day.
How Uninsured Motorist Coverage Helps in the Event of a Crash
Uninsured motorist insurance is meant to cover the damages often resulting from traffic accidents. Your uninsured motorist coverage may completely cover or at least help pay for the following:
- Vehicle repairs
- Loss of your vehicle’s value due to the accident
- The replacement of a totaled motor vehicle
- Medical expenses
- Pain and suffering
- The cost of renting a vehicle or using rideshare services
If a passenger in your vehicle suffered an injury during the crash, they may also receive compensation for medical costs and other losses. These damages can cost accident victims thousands of dollars, if not more. Uninsured motorist coverage may be a critical form of financial support after your accident.
Montana Law Does Not Require You to Have Uninsured Motorist Coverage (But Requires Insurers to Offer It)
Montana statutes state clearly that policyholders must reject uninsured motorist coverage if they don’t want it. In other words, insurers must provide uninsured motorist coverage unless explicitly told otherwise by the person purchasing the policy.
If you purchased uninsured motorist coverage, you should use it when needed. A car accident lawyer will insist that the insurer who issued your uninsured motorist coverage honors your purchased policy.
Underinsured Motorist Coverage Can Also Help When an At-Fault Driver Lacks Enough Coverage
Underinsured motorist coverage is another elective form of coverage for motorists in Montana. This coverage will apply not only if a motorist lacks insurance but also when a motorist’s insurance coverage is less than the cost of your accident-related losses.
Underinsured motorist coverage is another financial safety net for automobile owners in Montana. Your attorney will seek fair compensation through uninsured motorist coverage, underinsured motorist coverage, and other applicable coverages within your auto policy.
You Might Also Consider Suing an Uninsured or Underinsured Motorist After a Collision in Billings
Uninsured and underinsured motorist coverage serves those hit by uninsured and underinsured motorists—as the names suggest. At the very least, it’s worth exploring whether one or both of these coverages afford you compensation after a crash in Billings, MT.
That being said, filing a lawsuit against the at-fault motorist or other liable parties may be a worthwhile option if:
- You do not have uninsured or underinsured motorist coverage.
- The amount of money you are entitled to through uninsured or underinsured motorist coverage is less than the cost of your accident-related losses.
- Insurance companies do not deal with your claim(s) in good faith.
- You want to hold the at-fault party personally responsible for their negligence (especially because driving without insurance is an egregious form of negligence).
- You have another reason to pursue legal action.
Each accident victim has their own story, damages, and motivations for taking certain actions. A car accident lawyer will enable you to file an insurance claim, sue, and take any other actions you deem necessary after your collision. Hiring an attorney will also spare you from the time demands, headaches, and complications that often follow accidents involving uninsured and underinsured drivers.
Inadequate Insurance Makes Auto Accident Cases More Complicated. A Lawyer Will Help You.
The world would be far less complicated if every motorist purchased the insurance they are required to purchase. Some of the challenges that arise when an uninsured or underinsured motorist hits your vehicle are:
Determining Whether Insurance Will Cover Your Damages
Your lawyer needs to determine if uninsured or underinsured motorist coverage is going to cover your losses. They may make this determination by:
- Securing a copy of your insurance policy
- Scouring that policy to determine if you have uninsured or underinsured motorist (UM/UIM) coverage
- Identifying coverage conditions and limits for any UM/UIM coverage within your policy
- Determining the cost of your accident-related losses and comparing that cost to your coverage limits
Insurance companies are not always bound to their coverage limits. Your lawyer may negotiate a settlement with insurance companies even if the cost of your losses exceeds your policy’s coverage limits.
Convincing Liable Insurers to Settle Fairly
Once your attorney has determined whether you deserve compensation through insurance, they will fight to acquire it.
Insurance companies generally pay claimants through settlements. You should not settle for just any settlement, though. Your attorney will demand a fair offer from insurers, and they will make their case as to why their demands are fair. Insurance companies may face legal action if they don’t handle your claim in good faith.
Deciding Whether to Sue the At-Fault Driver
Any motorist who drives without insurance opens themselves up to a lawsuit. They lose the protection that insurance companies typically afford.
Your lawyer will likely explain the option of suing the at-fault motorist to cover your accident-related damages. A few factors, including the at-fault driver’s financial status, may influence whether you decide to sue.
Securing Fair Compensation from Those Who Owe You Money
It is always a challenge to secure fair compensation after a car accident. Some potential hurdles to your financial recovery are:
- Insurance companies bad faith, with examples including lowball settlement offers and claim denials
- The at-fault party trying to hide their assets, which may be an attempt to avoid you suing them
- Hardball negotiation tactics, which you may face from both insurance companies and those directly at fault for your accident
- The time, effort, and resources required to complete both insurance claims and lawsuits
These challenges are far less intimidating when you have an attorney fighting for you. Your lawyer and their team will manage every case detail, including the most challenging aspects.
How Car Accident Lawyers Win Fair Compensation for Their Clients
Your case may come with its fair share of hurdles and challenges, so your lawyer will arrive ready to fight. The pursuit of justice after a collision with an uninsured motorist may look like:
Finding Out Who Caused the Accident
One of your lawyer’s roles will be investigator; they will need to find out who caused your accident. Assuming that the at-fault party is an uninsured driver, your lawyer may prove that driver’s negligence by:
- Getting statements from witnesses
- Using any statements the at-fault driver made against them (these statements may come from a police report and other records)
- Securing any video footage of the accident, which may come from security cameras, traffic cameras, dashboard cameras, or other recordings
- Proving that they were without insurance at the time of the crash which may help establish their pattern of negligence
Finding evidence of negligence is one of a lawyer’s top priorities and should be important to you, too. Let the time-sensitive pursuit of evidence motivate you to hire your lawyer as soon as possible.
Identifying Every Possible Pathway to Compensation
Your lawyer’s job is to make your case simple. They will evaluate insurance policies, survey your damages, and:
- Explain to you every possible path to a financial recovery
- Tell you which option they believe is best suited to your unique circumstances
- Answer every question you have about case strategy
As the person injured in the accident, you have a central role in your case strategy. That being said, your lawyer will act in your best interests, so their advice is worthy of consideration.
Documenting Your Damages
Accidents leave a trial of harm, and that harm also leaves a trail of documentation. Your lawyer will pick up the pieces and create a clear picture of how the collision has diminished your life.
Some documentation your attorney may incorporate in your case includes:
- Invoices and bills for repairing your vehicle, securing a rental vehicle, and replacing items damaged during the accident
- Medical records, which may show your injuries, the symptoms they’ve caused, and the treatments you need to recover
- Medical bills, which show the precise financial cost of your evaluations, diagnoses, treatments, and rehabilitation
- Expert opinions, including their diagnosis of physical injuries and mental health conditions
Though liable parties may try to discredit or downplay your words, they matter. Your attorney will record your testimony of how you’ve suffered because of the uninsured motorist’s careless action.
Negotiating on Your Behalf and Being Ready to Sue
All the effort your lawyer puts into your case will culminate with financial negotiations. When liable parties engage your attorney in settlement talks, it’s your lawyer’s time to show their skill, persuasive power, and ability to close the deal.
The liable parties are responsible for recognizing their financial duty to you. If they don’t agree to provide the compensation you deserve, remember that you may have the option to sue the uninsured motorist (and any other liable parties).
The Filing Deadline: Reason Alone to Hire Your Auto Accident Lawyer Right Away
Montana lawmakers require accident victims to pursue compensation within a reasonable time after their accident. This means you may face a deadline for filing your case against an uninsured motorist.
It’s important to point out that if you miss this deadline, you:
- May be unable to sue the uninsured motorist
- May have to accept the insurance company’s best offer (or may even be unable to secure any compensation)
- Can face life-altering financial burdens due to the out-of-pocket cost of your accident
- May suffer emotionally, psychologically, professionally, and personally if you are unable to secure the money you deserve
Attorneys know about filing deadlines—they greatly respect them because their clients’ cases depend on outpacing them. Let your lawyer start working on your case today, and they will file your case before the statute of limitations passes.
Hiring a Lawyer After a Crash Requires No Out-of-Pocket Payment from You
Auto accident victims in Montana do not typically have to pay their attorney out of their pocket. Your lawyer will receive a percentage of your financial recovery or arrange for liable parties to cover their fees. In either case, your lawyer will ensure your damages are covered and will work hard to secure the compensation you deserve.
A Billings, MT Car Accident Lawyer is Standing By
If you or a loved one was injured in a car accident, you should seek the knowledge of a personal injury lawyer in Billings, MT. They know how to sort out the liable party and the correct insurers. They will pursue the compensation you are owed after an accident. Don’t delay, reach out today.
Call Now For A Free Consultation(406) 259-9986