Being hit by a driver who flees the scene leaves you not just injured, but often without an obvious source of compensation. Fortunately, Montana law and your own insurance policy may still provide paths to recovery even when the at-fault driver is never identified or located.
What Counts as a Hit-and-Run
A hit-and-run occurs any time a driver involved in an accident leaves the scene without stopping to exchange information or render aid, whether the collision involved another vehicle, a pedestrian, or a cyclist. Leaving the scene of an accident is itself a violation of Montana law, separate from any liability for the crash itself, and can carry its own criminal consequences for the fleeing driver.
Immediate Steps After a Hit-and-Run
- Call 911 and report the accident right away
- Try to note details about the fleeing vehicle: color, make, model, license plate, or direction of travel
- Look for witnesses or nearby security cameras that may have captured the incident
- Seek medical attention, even if injuries seem minor at first
Uninsured Motorist Coverage Often Applies
If the hit-and-run driver is never identified, your own uninsured motorist coverage typically applies, since an unknown driver is treated the same as one with no insurance. This coverage is part of your own auto policy and doesn’t depend on identifying the at-fault driver, which is exactly why carrying it matters even if you consider yourself a careful driver.
If the Driver Is Later Identified
If police are able to identify the fleeing driver, you may be able to pursue a claim directly against that driver’s insurance, in addition to any criminal consequences they may face for leaving the scene. In some cases, an identified hit-and-run driver may also be underinsured, in which case your UIM coverage can still play a role alongside a claim against their policy.
Comparative Fault Still Applies
Montana’s modified comparative fault rule applies to hit-and-run claims just as it would to any other accident. You can recover damages as long as you were less than 51% at fault, with your award reduced by your share of responsibility.
What Compensation May Be Available
Depending on the source of the claim, compensation can include medical expenses, lost wages, pain and suffering, and property damage.
Why Witnesses and Surveillance Footage Matter So Much
Because the fleeing driver often can’t be questioned directly, hit-and-run cases rely more heavily than most on outside evidence, such as nearby business security cameras, traffic camera footage, and witness accounts of the vehicle’s description or direction of travel. This evidence can disappear quickly, since many businesses only retain footage for a short period, making prompt investigation especially important.
The Statute of Limitations
Montana generally allows 3 years from the date of the accident to file a personal injury claim. Uninsured motorist claims can also involve specific policy notification requirements, so it’s important not to delay reporting the incident to your insurer.
Get Help After a Hit-and-Run in Montana
Hit-and-run cases can be more complicated than a typical accident claim, especially when it comes to identifying the right source of compensation. An attorney can help you navigate uninsured motorist coverage and pursue every available avenue for recovery.
Hit-and-Run Pedestrian and Cyclist Cases
Pedestrians and cyclists struck by a fleeing driver face many of the same coverage questions as drivers, but often with more severe injuries given the lack of any protective vehicle frame. Uninsured motorist coverage on a pedestrian’s or cyclist’s own auto policy, or in some cases a resident relative’s policy, can often still apply even though the injured person wasn’t driving at the time of the crash.
Why Police Reports Matter So Much Here
A prompt, detailed police report often becomes the anchor document for a hit-and-run insurance claim, since it’s typically the earliest official record of what happened, what evidence was available at the scene, and any leads on the fleeing vehicle. Insurers frequently request this report before processing a UM claim, so delays in reporting to police can end up delaying your own compensation as well.
When an Investigation Later Identifies the Driver
Even after your uninsured motorist claim is underway, an ongoing police investigation can sometimes identify the fleeing driver weeks or months later, whether through surveillance footage, a tip, or vehicle damage matching the description you provided. When that happens, your insurer may pursue its own reimbursement from that driver’s insurance, but it generally doesn’t change the compensation you’ve already received through your own coverage.
Hit-and-Runs in Parking Lots
Not every hit-and-run happens on a roadway. A driver who strikes a parked car, or even a pedestrian, in a parking lot and leaves without providing information is still committing a hit-and-run under Montana law, and the same uninsured motorist principles generally apply, even though these lower-speed incidents sometimes get treated less seriously by the parties involved at the time.
Don't Assume It's Not Worth Reporting
Even a seemingly minor hit-and-run, such as scraped paint or a small dent, is worth reporting to police and your insurer, since injuries aren’t always obvious immediately and a documented report preserves your options if symptoms develop later or if the same driver is later linked to other incidents. Treating every hit-and-run seriously from the start protects your ability to recover compensation down the road.
Talk to Big Sky Defender Today
If you were injured in a hit-and-run accident 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
Often yes, through your own uninsured motorist coverage, which typically applies when a hit-and-run driver can’t be identified.
Yes. Leaving the scene without stopping to exchange information or render aid is a separate violation from any liability for the crash itself.
Call 911, try to note details about the fleeing vehicle, look for witnesses or security footage, and seek medical attention.
Generally 3 years from the date of the accident, though notify your insurer promptly since UM claims can have their own reporting requirements.
