Who is at Fault in an Accident? Our Attorneys Can Help Determine Liability

Liability in a Montana Car Accident

How To Know Who Is at Fault for Your Accident

Montana Follows a "Fault" System

Montana follows the traditional "fault" auto insurance system when it comes to financial responsibility for damages arising from a car accident.

This fault or tort system gives injury victims several options when it comes to recovering compensation for vehicle repairs, medical expenses, and lost income, including:

  • Filing a claim with their own insurance company
  • Filing a claim with the at-fault driver's insurance company
  • Filing a lawsuit in court to seek damages from the at-fault driver

Montana's auto insurance rules differ from a handful of "no-fault" states where people are limited to filing claims with their own auto insurance carriers. You do not have to worry about this in Montana because you do have more options.

Required Liability Limits in Montana

All Montana drivers are required to carry the following minimum liability limits:

  • $45,000 per person bodily injury
  • $50,000 per accident bodily injury
  • $10,000 property damage

After an accident, the claims adjustor assembles a team who will conduct a full investigation. They will review medical records, investigate the accident, speak to eyewitnesses, examine the property damage, and obtain statements from the drivers.

Fault assessment is not necessarily simple. The liability laws do not dictate how fault is assessed, they dictate how much can be collected and who is eligible; therefore, fault determination is left up to the insurance companies. In the end, one insurance company will send the other a demand for payment; the other insurance company will counter that demand.

Contact a Montana Car Accident Lawyer

People are often surprised to discover that their own insurance company can become their adversary during the claims process, and this is not unusual. Whether you are dealing with your own insurance company or an at-fault driver's, you can reasonably expect to be offered less than you deserve, and this can mean thousands of dollars lost to you if you accept it.

Being involved in a car accident can be a highly stressful event, and sometimes determining fault is not as black and white as it may seem. If you were recently injured, we suggest you do not hesitate to contact a Montana car accident attorney from Odegaard Miller Law, PLLC.

With over 70 years of combined experience, and with some of the most sought after accolades in the legal field including: The National Trial Lawyers: Top 40 Under 40, and selection to Super Lawyers® Rising Stars℠, you can be rest assured that your case is in good hands!

Why leave your settlement to chance? Contact our Billings firm to engage the support of an experienced and aggressive injury attorney!

In Our Clients' Own Words

  • “He kept me informed on my case every step of the way and was upfront and honest through the whole process.”

    C. Davis

  • “I am very happy with the service you all have provided to me.”


  • “I couldn't be happier with Paul's representation of me.”

    K. Fredericks

  • “This is a first class law firm that truly puts you first and handles all things that their client needs.”

    W. Ayers

  • “Paul did a wonderful job helping us with our case. My wife and I would recommend him to anyone. ”

    R. Ordway

Get Started On the Road to Recovery

Contact Odegaard Miller Law, PLLC Today
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