Knowing what to do after a car accident Montana law and your own well-being require can make a real difference, both to your health and to any claim you may need to file later. The minutes and days right after a crash matter more than most people realize. Here’s a clear, practical walkthrough of what to do.
Right After the Crash: Safety First
- Check yourself and any passengers for injuries before doing anything else.
- If it’s safe to do so, move vehicles out of traffic to prevent a second collision.
- Turn on hazard lights and use flares or triangles if you have them.
- Call 911 to report the accident and request police and medical assistance if needed.
Document the Scene
Once everyone is safe, start documenting what happened while the details are fresh:
- Take photos of all vehicles involved, from multiple angles, including license plates and visible damage.
- Photograph the road conditions, traffic signs, skid marks, and anything else relevant to how the crash happened.
- Exchange names, contact information, and insurance details with the other driver or drivers involved.
- Get contact information from any witnesses who saw what happened.
- Note the responding officer’s name and badge number, and ask how to obtain a copy of the accident report.
Seek Medical Attention, Even If You Feel Fine
Some injuries, especially soft tissue injuries and concussions, don’t show obvious symptoms right away. Getting checked out promptly does two things: it protects your health, and it creates a medical record that connects your injuries to the accident. Waiting too long to seek treatment can make it harder to show that your injuries were caused by the crash rather than something else.
Be Careful What You Say and Sign
Montana follows a modified comparative fault rule, meaning your compensation can be reduced by your percentage of fault in the accident. Because of this, avoid making statements at the scene that assign blame, even casually, whether to the other driver, a police officer, or an insurance adjuster. Stick to the facts. Don’t sign anything from an insurance company, or accept a settlement offer, before understanding what your claim might actually be worth.
Contact Your Insurance Company
You’ll typically need to report the accident to your own insurance company. Stick to factual information about what happened. You’re not obligated to give a detailed recorded statement to the other driver’s insurance company, and it’s often better to have an attorney involved before doing so, since adjusters are focused on minimizing what they pay out.
Know Your Deadline to File a Claim
Montana generally gives you 3 years from the date of the accident to file a personal injury claim. That deadline can feel far away right after a crash, but evidence, witness memory, and available documentation all get harder to gather the longer you wait. It’s best not to treat that deadline as a reason to delay.
Common Mistakes That Hurt a Claim Later
- Waiting too long to see a doctor. Gaps between the accident and treatment give insurance companies room to argue your injuries weren’t caused by the crash.
- Posting about the accident on social media. Even a casual post can be used by an insurance company to argue your injuries aren’t as serious as you claim.
- Accepting a quick settlement offer. Early offers are often lower than what a claim is actually worth, especially before the full extent of your injuries is known.
- Not keeping records. Medical bills, missed work documentation, and repair estimates all matter later, and they’re much easier to gather as you go than to reconstruct months later.
How an Attorney Fits Into This Process
Handling all of this on top of recovering from an injury is a lot to manage. An attorney can take over communication with insurance companies, make sure deadlines aren’t missed, and help you understand whether a settlement offer actually reflects what your claim is worth before you agree to anything. That guidance often matters most in the early weeks after a crash, when the decisions you make can shape the rest of your case.
Why Talking to an Attorney Early Helps
An attorney can help you understand what your claim might be worth, handle communication with insurance companies, and make sure you don’t say or sign something that reduces your compensation before you fully understand your situation. Personal injury cases at Big Sky Defender are handled on a contingency fee basis, meaning there’s no fee unless we win, so getting that guidance early doesn’t cost you anything upfront.
If the Other Driver Doesn't Have Insurance
Not every accident involves a driver with adequate insurance coverage. If you’re dealing with an uninsured or underinsured driver, your own policy may include coverage for exactly this situation, but understanding how that coverage works isn’t always straightforward. An attorney can help you sort through your own policy’s coverage alongside any claim against the other driver, so you understand every avenue available to you.
Quick Reference Checklist
- Check for injuries and call 911.
- Move to safety if possible and document the scene with photos.
- Exchange information and get witness contacts.
- Seek medical attention promptly, even for minor symptoms.
- Avoid admitting fault or giving recorded statements without guidance.
- Contact an attorney before settling with an insurance company.
Learn more about how we handle accident claims on our accidents page.
If you’ve been in a car accident anywhere in Western Montana, Big Sky Defender offers a free consultation to walk through your options. Call our Missoula office at (406) 552-4653 or our Butte office at (406) 299-2905, or reach out through our contact page.
Frequently Asked Questions
Yes. Some injuries don’t show symptoms right away, and prompt medical treatment both protects your health and creates a record connecting your injuries to the accident, which matters if you file a claim later.
Montana generally gives you 3 years from the date of the accident to file a personal injury claim, though it’s best not to wait, since evidence and witness memory can fade over time.
You’re not required to give a detailed recorded statement to the other driver’s insurer, and it’s often better to speak with an attorney first, since adjusters are focused on minimizing what they pay out.
No. Big Sky Defender offers a free consultation, and personal injury cases are handled on a contingency fee basis, meaning there’s no fee unless we win your case.
