A car accident can be a life-altering experience, especially if you're not sure how to handle the aftermath. Apart from the physical injuries and emotional trauma, it’s also necessary to deal with the settlement process that ensues.
Serious car accidents involve a long recovery process and usually result in lost wages for the injured party as they’re not able to get back to work immediately.
In Montana, as in any state, protecting your rights after an accident is crucial for ensuring you receive fair compensation and hold the responsible party accountable. However, when encountering insurance companies, it can always be a bit tricky to defend your case.
Luckily, with a bit of preparation and research, you’ll be ready to face the challenges head on.
Here, we'll walk you through the essential steps to take after a car accident to safeguard your legal rights.
The first priority after any car accident is safety. If possible, move to a safe location and check for injuries, both in your vehicle and in others involved in the crash. Even if you can’t see any open wounds, it doesn’t mean you’re not injured so make sure to be careful and not make any sudden moves.
As mentioned, even if your injuries seem minor, seeking immediate medical attention is essential. Some injuries, such as internal bleeding, may not be apparent right away. Proper medical documentation can serve as critical evidence if you pursue a legal claim later.
Getting medical attention immediately can shorten the recovery process and help you get back on your feet quickly.
In Montana, it's required to report accidents if there is property damage exceeding $1,000 or if someone is injured or killed. Reporting the accident to the police creates an official record that can be extremely valuable for your case.
The police will document everything and you can use this as evidence later on when negotiating with the insurance companies.
The police report will document the details of the crash, including the location, time and other important details. It may also include witness statements and an officer's observations, which can be helpful in determining fault. That’s why you should request a copy of the report for your records.
Another important step is gathering the evidence. The more you’re able to gather on your own, the better. It’s important which evidence you collect and how. You need to be very thorough as all of this evidence will be useful when building your case.
The first thing you’ll want to do is take pictures of the accident scene. For instance, you should definitely document any vehicle damage that resulted from the accident. You can also take a video of the scene to make sure you have everything covered and on tape.
Also, take photographs of the road conditions that might have led to the accident. And, of course, don’t forget to document your injuries.
Secondly, make sure to get witness information. Even if the police end up taking their statements, you’ll want to collect their names and contact information just in case.
Finally, make sure to exchange details with the other driver and get their name, contact information and insurance details. All of these will be in handy in the next phase of the process.
There are several things you need to be aware of if you’re hoping for a fair and successful settlement. You’ll need to understand the resources available and take full advantage of the legal system of Montana.
With proper preparation, you’ll be able to settle the case quickly and get the all the costs settled and refunded.
Montana follows a comparative negligence rule when determining fault in car accidents. What does this mean exactly? Well, it means that if you are partially at fault for the accident, your compensation may be reduced by the percentage of fault assigned to you.
To put it in layman’s terms, if you’re found 20% at fault and awarded $10,000 in damages, you would receive only $8,000.
All of this might sound a bit confusing as it involves understanding the legal jargon but it’s important to be aware of Montana’s legal system as you can use it to your advantage depending on the car accident cause.
It will also help you set realistic expectations in regards to the settlement sum.
This brings us to the second important point. The legal aftermath of a car accident might be too complex for you to deal with alone. You’ll need to become acquainted with the Montana law overnight and that simply doesn’t seem doable.
That’s why it’s recommended to get in touch with a car accident attorney that can help guide you through the entire process. They can also negotiate with insurance companies on your behalf and help you file a lawsuit if it comes to that.
One of the biggest financial burdens after a car accident is medical care. Even minor accidents can result in costly medical bills, ongoing therapy, or rehabilitation. Insurance companies might try to settle quickly and may not offer enough to cover your long-term care.
That’s why it’s your responsibility to track all the expenses and keep detailed records of your medical appointments. That way your attorney will be aware of these costs as well and it will help them recover those costs as well.
Protecting your rights after a car accident in Montana means you need to take immediate steps to protect your rights. This involves ensuring your safety first and gathering evidence after. You can maximize your chances of a positive settlement outcome by hiring legal counsel early on.
With the right approach and experienced legal support, you can ensure that your rights are protected and that you receive the compensation you deserve.
