Being hit by a driver with no insurance, or not enough insurance to cover your injuries, is a common and frustrating scenario on Montana roads. Fortunately, your own auto policy may still provide a path to compensation through uninsured or underinsured motorist coverage, which many drivers don’t fully understand until they actually need it.
What Is Uninsured Motorist Coverage?
Uninsured motorist, or UM, coverage steps in when the at-fault driver has no insurance at all, or in hit-and-run situations where the responsible driver can’t be identified. This coverage is part of your own auto policy and effectively stands in for the missing insurance the other driver should have had, paying out much the way the at-fault driver’s own liability policy would have if it existed.
What Is Underinsured Motorist Coverage?
Underinsured motorist, or UIM, coverage applies when the at-fault driver does have insurance, but their policy limits aren’t enough to cover the full extent of your damages. UIM coverage can make up the difference, up to your own policy’s limits, which becomes especially important in serious injury cases where medical costs alone can exceed a driver’s minimum liability coverage.
Why This Coverage Matters in Montana
Not every driver on the road carries adequate insurance, and Montana’s rural highways and long distances between towns mean serious accidents can happen far from the resources needed to fully cover medical care. UM and UIM coverage exist specifically to fill these gaps, and they’re often the only real protection against a driver who’s carrying only the state’s minimum required liability limits.
How a UM/UIM Claim Works
Filing a UM or UIM claim means making a claim against your own insurance company, which can feel counterintuitive. Because your insurer has a financial interest in minimizing what it pays, these claims can sometimes be contested just as aggressively as a claim against another driver’s insurer, even though you’ve been paying premiums to that same company for years.
Comparative Fault Still Applies
Montana’s modified comparative fault rule applies to UM and UIM claims the same way it applies to any other injury claim. You can recover damages as long as you were less than 51% at fault, with your award reduced by your share of responsibility.
What You Can Recover
- Medical expenses, current and future
- Lost wages and future earning capacity
- Pain and suffering
- Property damage, depending on your policy
Stacking Coverage Across Multiple Vehicles
Depending on your policy and how many vehicles you insure, you may be able to “stack” UM/UIM coverage across multiple vehicles on the same policy, effectively increasing the total coverage available for a single accident. Whether stacking is available, and how much it can add, depends heavily on the specific language in your policy, which is one more reason to have an attorney review your coverage after a serious crash.
The Statute of Limitations
Montana generally allows 3 years from the date of the accident to pursue a personal injury claim, though UM/UIM claims can also involve specific policy deadlines for notifying your insurer, so it’s important to act promptly rather than waiting until the last minute.
Why You May Need an Attorney for a UM/UIM Claim
Because you’re negotiating with your own insurer, having an advocate on your side can help ensure the claim is evaluated fairly and that you’re not pressured into accepting less than your injuries warrant. An attorney can also help identify whether stacking or other policy provisions apply that you might not otherwise know to ask about.
What to Do Immediately After the Accident
Report the accident to your own insurer promptly, even if you believe the other driver is at fault, since most policies require timely notice to preserve your right to make a UM/UIM claim later. Keep copies of the police report, any communication with the at-fault driver’s insurer confirming their policy limits, and all medical records documenting your injuries, since this documentation becomes the foundation of your own claim against your insurer.
How Insurers Confirm the Other Driver's Policy Limits
Before a UIM claim can move forward, you generally need to establish exactly how much coverage the at-fault driver actually had, and confirm that their insurer has agreed to pay out those limits in full. This often requires a formal exchange of information between the insurers, sometimes including a signed release once the at-fault driver’s policy has been exhausted, before your own UIM coverage can be accessed for the remaining balance.
Common Reasons UM/UIM Claims Get Disputed
Insurers sometimes dispute UM/UIM claims by questioning whether the accident happened as described, arguing that injuries were pre-existing, or disputing the extent of medical treatment needed. Because you’re dealing with your own insurance company in these disputes, having thorough, well-organized documentation from the outset can make a meaningful difference in how smoothly the claim proceeds.
Arbitration Clauses in UM/UIM Policies
Many Montana auto policies include an arbitration provision for resolving disputed UM/UIM claims, meaning that instead of going straight to court, disagreements over value or coverage may need to go through a private arbitration process first. Understanding whether your policy includes this kind of clause, and how it affects your options, is an important part of preparing for a contested claim rather than being surprised by it partway through.
Talk to Big Sky Defender Today
If you were hit by an uninsured or underinsured driver in Montana, Big Sky Defender handles personal injury cases on a contingency fee basis, meaning there’s no fee unless we win. Call (406) 552-4653 or visit /contact-us/ for a free consultation.
Frequently Asked Questions
Underinsured motorist coverage still matters even if the other driver has insurance, since their policy limits may not fully cover your damages.
Yes. Uninsured motorist coverage typically applies to hit-and-run accidents where the at-fault driver can’t be identified.
This depends on your policy and insurer. An attorney or your agent can help you understand how a claim might affect your coverage.
General personal injury deadlines apply, typically 3 years, but your policy may also have its own notification requirements, so it’s best to act quickly.
