Call us Now

 406-549-3323

Montana Car Accidents as a Non-Resident

The worst way a vacation could end is suddenly being involved in a Motor Vehicle Accident (MVA). It can be even more difficult when you are in a state you do not reside in. Knowing what to do after a car accident in Montana as someone from out-of-state can make a big difference.

Back to all posts

Last updated

Reviewed by Eric Rasmusson, Attorney

The worst way a vacation could end is suddenly being involved in a Motor Vehicle Accident (MVA). It can be even more difficult when you are in a state you do not reside in. This is not an out of the ordinary experience, especially in Montana. Our roads can be icy and snowy in the winter. Then full of vacationers in the summer who are encountering wildlife and beautiful mountain vistas for the first time ever. Knowing what to do after a car accident in Montana as someone from out-of-state can make a big difference.

firefighter-at-scene-of-car-accident

What to do After a Car Accident in Montana

How do you proceed in this scenario especially when you do not know the laws in a state like Montana? Consider these steps:

  • First take care of yourself and your family at the scene of the accident.
  • Make sure you and those around you are uninjured. If needed, administer first-aid to the ones that are injured and help them obtain medical attention.
  • Call 911.
  • If it is safe to do so, exchange insurance information with the other party. When this happens listen to the other driver or drivers and do not talk about the cause of the accident.
  • Never give your personal contact information to a stranger.
  • When emergency services arrive, cooperate with law enforcement and help them file an accurate police report. Respond only to the questions that are asked. The best answer is always a short, honest answer.
  • Document the damages to the vehicle, and injuries sustained by its passengers, by taking photographs.
  • Notify your insurance company about the accident.
  • If you are going to be missing work, call your employer and explain the circumstances.
  • Give assurances to loved ones and friends.
  • If you or your family will be incurring significant out of pocket costs have a tech savvy friend or family member that you trust help you set up a Go Fund Me page or similar online fundraising site.

For further information on what to do after an collision, see our previous article, Navigating the Aftermath of a Car Accident. It’s important to know that your auto insurance policy may differ for accidents outside your home state. This is important to be aware of in advance by looking at the small details in your personal insurance policy.

Montana Laws and Hiring an Attorney

Montana is a fault-based, or tort state. This means the driver who is found to be at fault is required to take responsibility for the resulting damages. However, Montana also possesses a comparative negligence law. Because of this, if you are found partially at fault for the crash, your compensation can be reduced accordingly. Montana has a three-year statute of limitations for personal injury claims. It may seem like you have plenty of time, but you should contact a lawyer as soon as possible. Especially since there are multiple things that need to be done before pursuing a lawsuit. Examples include:

  • Gather evidence before it is lost.
  • Help you or another accident victim navigate the labyrinth of insurance adjusters and claims.
  • Managing medical bills.
  • Address potential liens from Medicaid or Medicare.

Hiring an attorney in the state of the accident is helpful for many different reasons. If you’re found partially at fault, an attorney can defend you, so you don’t lose more compensation than necessary. If you sustain major injuries from the MVA, your attorney will help take some stress away by protecting your rights. A lawyer can handle the claim while you complete any medical treatment needed. Navigating the legal system is difficult as it is. But navigating the legal system of a state foreign to you can be almost impossible for some. Because of this, it is in your best interest to find an attorney in the state of the accident. This personal injury attorney should be an expert in personal injury claims and can assist you in the most efficient way possible. Speaking with an attorney is a good option not just for your safety, but for your best interest.

tall-stack-of-papers-and-files

Final Thoughts

An accident in your own state is terrifying. Getting into one with a foreign law to you is not something you need to navigate alone. For more information on what being our client consists of, see What Does Working With Rasmusson Law Offices Look Like? Next, contact Rasmusson Law Offices, PLLC at 406-549-3323 or [email protected] for a free consultation.

Frequently Asked Questions

I got in a car accident in Montana but I’m not from here. What should I do first?

Check yourself and anyone with you for injuries and call 911. Exchange insurance info with the other driver if it’s safe, but don’t get into a conversation about who caused the crash. Cooperate with police, keep your answers short and honest, and take photos of the damage and any injuries before you leave the scene.

Does my home state’s car insurance even cover an accident in Montana?

It might not cover things the same way it would back home, so it’s worth checking the details of your policy ahead of time. Coverage can differ for out-of-state accidents, and that’s not something you want to find out after the fact. Call your insurance company and report the accident either way.

Who’s at fault if I’m partially responsible for a crash in Montana?

Montana is a fault-based state, so whoever caused the accident is on the hook for damages. But Montana also uses comparative negligence, meaning if you’re found partly at fault, your compensation gets reduced by your share of the blame. An attorney can help make sure you’re not held responsible for more than you actually are.

How long do I have to file a personal injury claim after a car accident in Montana?

Montana gives you three years from the date of the accident to file a personal injury claim. That sounds like plenty of time, but you shouldn’t wait. Evidence needs to be gathered before it disappears, and there’s a lot of groundwork, like dealing with insurance adjusters and medical bills, that needs to happen well before any lawsuit gets filed.

Why should I hire a Montana attorney instead of one from my home state?

A local attorney knows Montana’s laws and legal system, which makes a real difference if you’re dealing with fault disputes, insurance adjusters, or liens from Medicaid or Medicare. They can defend you if you’re found partially at fault, protect your rights if your injuries are serious, and handle the claim while you focus on recovering.