Driving through Montana’s wide open spaces, whether in the mountains or prairies, often means encountering situations where accidents can happen. When a car crash occurs, you may not know who is completely to blame. You might feel you share some of the fault, but you also know the other driver played a part.
The good news is that Montana’s legal system allows you to recover compensation even if you are partly to blame for the crash. It all comes down to a legal concept called “modified comparative negligence.”
Understanding Montana’s “51% rule”
Modified comparative negligence is how Montana courts and insurance companies determine how much each person is at fault for an accident. It is a key rule to understand: you can recover damages as long as your fault is 50% or less.
When you share some of the blame, any compensation you receive for your injuries and losses will be reduced. Your final award is directly tied to the percentage of fault assigned. For instance, if a court determines you are 30% at fault and awards you $100,000, you would receive $70,000.
However, if you are more than 50% at fault, you get nothing. The “51% rule” means you cannot recover any compensation if you are found to have a larger share of the blame than the other driver.
How insurers use this against you
Insurance companies are for-profit businesses. They will try to shift as much blame onto you as possible to protect their bottom line. They may use several tactics to increase your fault percentage, which allows them to pay you less or deny your claim entirely. They might look at:
- Police reports
- Witness statements
- Your own statements at the scene
The aftermath of an accident is a critical stage where insurers look to use your own words against you. They will interpret uttering a simple “I’m sorry” to the other driver as accepting blame for the accident.
How a car accident lawyer protects you
An experienced personal injury attorney acts as a strong advocate for you. They investigate your accident to find evidence that proves the other party’s negligence was the main cause.
A skilled lawyer also challenges unfair fault percentages assigned by the insurance company and aggressively seeks the compensation you deserve to cover injuries, lost wages and other costs related to the accident through negotiation or litigation.
Your attorney also handles all communication with the insurance company for you. This prevents you from inadvertently saying anything that could harm your case. Remember, even if you are partially at fault, you likely still have a valid claim. Personal injury lawyers also offer free evaluations to assess your case.
