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FAQs

Frequently Asked Questions (FAQs)

Yes. Every motor vehicle on Montana roads must carry insurance against loss  “from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the United States of America or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:

(i) $25,000 because of bodily injury to or death of one person in any one accident and subject to the limit for one person;

(ii) $50,000 because of bodily injury to or death of two or more persons in any one accident; and

(iii) $20,000 because of injury to or destruction of property of others in any one accident.

These minimums are intended to protect both the negligent and injured person. 

See 61-6-103, MCA.

Insurance companies use various methods to track your driving behavior for assessing risk and determining premiums. Here are some common methods:

1. Telematics Devices:

  • Many insurance companies offer telematics programs where they provide a device to be installed in your car. These devices collect data on your driving habits, such as speed, acceleration, braking, and the time of day you drive.

2. Mobile Apps:

  • Some insurers offer mobile apps that use your smartphone’s sensors to gather information on your driving behavior. The app can track your speed, location, and driving patterns.

3. OBD-II Port Devices:

  • Plug-in devices that connect to your car’s OBD-II (On-Board Diagnostics) port can collect data on your driving. These devices are similar to telematics devices but can be easily installed and removed.

4. GPS Data:

  • Insurance companies may use GPS data to track your vehicle’s location and the distances you travel. This information helps in assessing risk based on the areas you frequent.

5. Third-Party Data Sources:

  • Insurers may also utilize third-party data sources to gather information about your driving history, traffic violations, and claims history.

6. Self-reporting and Surveys:

  • Some insurers may ask drivers to self-report their mileage, driving habits, and other relevant information. Additionally, participation in surveys can provide additional insights.

7. Connected Cars:

  • With advancements in technology, newer cars come equipped with built-in connectivity features. Insurers may collaborate with car manufacturers to access data directly from these connected systems.

It’s important to note that the use of these methods varies among insurers, and participation in tracking programs is often optional. Drivers should review the terms and conditions of such programs to understand how their data will be used and whether it will impact their insurance rates.

The statute of limitations for personal injury claims in Montana is generally three years. This means that a person injured in Montana usually has three years from the date of the injury to file a lawsuit. However, legal statutes can be subject to change, and it’s essential to consult with a legal professional or check the most recent legal sources to confirm the current statute of limitations for personal injury cases.

 Additionally, different circumstances may apply in specific situations, so seeking legal advice promptly is advisable.

“Tort actions — general and personal injury. (1) Except as provided in 27-2-216, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.

(2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.

(3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.”

See 27-2-204, MCA

The statute of limitations for personal injury claims in Montana is generally three years. This means that a person injured in Montana usually has three years from the date of the injury to file a lawsuit. 

However, legal statutes can be subject to change, and it’s essential to consult with a legal professional or check the most recent legal sources to confirm the current statute of limitations for personal injury cases.

Additionally, different circumstances may apply in specific situations, so seeking legal advice promptly is advisable. See the statute below:

Tort actions — general and personal injury. (1) Except as provided in 27-2-216, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.

(2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.

(3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.”

See 27-2-204, MCA

In Montana it is illegal for an insurance company to “with such frequency as to indicate a general business practice” to:

  1. misrepresent pertinent facts or insurance policy provisions relating to coverages at issue;
  2. fail to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies;
  3. fail to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;
  4. refuse to pay claims without conducting a reasonable investigation based upon all available information;
  5. fail to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;
  6. neglect to attempt in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear;
  7. compel insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by the insureds;
  8. attempt to settle a claim for less than the amount to which a reasonable person would have believed the person was entitled by reference to written or printed advertising material accompanying or made part of an application;
  9. attempt to settle claims on the basis of an application that was altered without notice to or knowledge or consent of the insured;
  10. make claims payments to insureds or beneficiaries not accompanied by statements setting forth the coverage under which the payments are being made;
  11. make known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration;
  12. delay the investigation or payment of claims by requiring an insured, claimant, or physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information;
  13. fail to promptly settle claims, if liability has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage; or
  14. fail to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.

See 33-18-201, MCA. This is colloquially known as “bad faith” in the context of insurance of law. 

An attorney who is trained and educated in managing cases that involve the laws regulating insurance companies and the interpretation of insurance policies.

First, because we can help and make sure you get put in place you would have been but for what happened. This is always impossible. If you have been hurt or lost someone, there is no amount of money that will make it right. But that is all we can ask for. Knowing how to do that and what your case is worth necessarily involves speaking to an attorney.

Second, most of us, and especially at Boland Aarab, never charge or expect anything from people who just want to meet and discuss what happened. We never charge for an initial consultation.