If you have been in a car accident in Montana, you have a lot on your plate. You might be focused on dealing with injuries, sorting out insurance, getting your car repaired, and trying to figure out what happens next.
One thing that often gets overlooked is how long you have to file a car accident claim in Montana. When you know the deadline, you can take action on your claim. Here is a look at why you need to pay attention so you can act quickly.
Montana’s Statute of Limitations
Every state has a statute of limitations. This is your legal countdown timer. It tells you how long you have to file a lawsuit after an accident. Once the clock hits zero, you cannot take legal action. Even if your case is rock solid, the court can toss it out because it was filed too late.
So, how does that work in Montana:
- Injury claims: You have three years from the date of the accident to file a lawsuit for injuries. This is the same for accidents involving government vehicles as well.
- Property damage claims: If your vehicle or other property was damaged, you have two years to bring that type of claim to court.
- Wrongful death: If a loved one died from crash-related injuries, the family has three years from the date of death (not the accident) to file a wrongful death lawsuit.
Those are the general rules. Keep in mind that there are a few exceptions that can shift those dates.
Are There Any Exceptions?
Life can have plenty of hurdles, and Montana law understands that some situations may need additional time. Sometimes, there are a few scenarios where Montana will “toll,” or pause, the statute of limitations. These include:
- Injuries discovered later: Sometimes, you may not realize how badly you were hurt right away. Under Montana’s “discovery rule,” some cases will not have the clock start until you knew, or should have known, you were injured.
- Minors and incapacitated individuals: If the injured person is under 18 or legally unable to manage their own affairs, the countdown does not begin until they reach 18 or the incapacity is resolved.
- Defendant leaves the state: If the at-fault driver skips town for a while, that can also affect the timing of taking legal action.
These exceptions can get a little complicated, and they mostly apply to medical malpractice cases. You may want to talk to a Montana car accident lawyer if you think they might apply to your claim.
Insurance Deadlines Are Different
While the statute of limitations applies to lawsuits, it does not apply to insurance claims. Your insurance company or the other driver’s policy might have its own internal deadlines for reporting the accident or submitting paperwork.
Most policies require you to report an accident within a reasonable time. Sometimes, that means right away or within a few days. Once again, if you wait too long, that can give your insurer a reason to deny coverage.
What Happens If You Wait Too Long?
If the statute of limitations passes and you haven’t filed, you might be out of luck. Unfortunately, the court will almost always dismiss your case. You lose your leverage with the insurance company. Along with that, you cannot recover money for your injuries, lost wages, or vehicle damage through the courts.
This is why personal injury attorneys want you to act immediately; it is to meet those deadlines.
If You Have Been Hurt, You Need to Act Quickly
How long do I have to file a car accident claim? In most cases, you have between two and three years. There are a few exceptions, but those happen in rare situations.
If you are feeling unsure about where to start or how much time you’ve got left, a quick conversation with a Montana car accident lawyer can explain your options. AFJ Law Firm, PLLC, is ready to help.
At AFJ Law Firm PLLC – Personal Injury, Car Accident, and Insurance Law, we are here to help you through the entire claims process, including proving fault in these accidents. Click here to visit our Montana Personal Injury Frequently Asked Questions page. Click here to visit our Commercial Trucking and Semi-Truck Accident practice area page. Contact us if you still have questions about your Montana car accident case.