Personal Injury

What to Do After a Car Accident in Montana

The hours after a crash shape everything that follows. What to do at the scene, what to say to the insurer, and the mistake that costs people most.

Written by

Ashley Hurlbert, Partner, A&M Law

Licensed Montana attorney and co-founder of A&M Law. 18 years of experience as lead counsel in 50+ jury and bench trials. A Certified Mediator and Certified Guardian ad Litem focusing on family law, criminal defense, and DUI defense.

18 yearsReviewed by Misty GaubatzLast reviewed: July 21, 2026

A crash scrambles your thinking. You are shaken, possibly hurt, and someone is already asking you questions. What you do in the first day or two has more effect on your claim than almost anything that comes later, and most of it is simple if you know it in advance.

At the Scene

Call 911. A police report creates an independent record of what happened.
Photograph both vehicles, the whole scene, skid marks, signage, and the weather.
Get the other driver's insurance and contact details, and names for any witnesses.
Do not apologise or guess at fault. “I'm sorry” gets quoted back to you later.

See a Doctor the Same Day

Adrenaline hides injuries. Soft-tissue damage and concussions routinely show up a day or two later, and by then the insurer has a story ready: if you were really hurt, you would have gone in immediately. Getting examined the same day ties your injuries to the crash in the medical record, which is where a claim is won or lost.

Be Careful With the Other Insurer

The other driver's adjuster may call within a day, friendly and eager to help. Their job is to limit what the company pays. You are not required to give them a recorded statement, and you should not do so before you understand your own injuries. Be equally careful with a quick settlement offer made before you know whether you have fully recovered, because accepting it usually closes the claim for good.

Watch the Deadline

Montana's statute of limitations for most personal-injury claims is generally three years from the date of the crash (MCA § 27-2-204), and property-damage claims run on a shorter window. Three years sounds like plenty of time, and then it is not. Evidence disappears, witnesses move, and memories fade long before the deadline arrives. Our auto accident page walks through how these claims are built.

When to Call a Lawyer

If you were hurt, if fault is disputed, or if the insurer is already pressing you, it is worth a conversation before you sign anything. A&M Law handles personal injury matters across Western Montana, including motorcycle and truck collisions.

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FAQ

Frequently Asked Questions

Do I have to give the other driver's insurance company a recorded statement?

No. You generally must cooperate with your own insurer under your policy, but you are not obligated to give a recorded statement to the other driver's insurance company. It is reasonable to decline until you understand the full extent of your injuries or have spoken with an attorney.

What if I feel fine after the crash?

Get checked anyway. Concussions and soft-tissue injuries often surface a day or more later, and a same-day examination connects any injury to the crash in your medical records. If nothing is wrong, you have lost nothing but an afternoon.

How long do I have to file a car accident claim in Montana?

Generally three years from the date of the accident for personal-injury claims, under MCA § 27-2-204. Property-damage claims have a shorter window. Missing the deadline usually means losing your right to recover.

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