Billings Car Accident Lawyers: Crashes, Collisions and Wrecks in Yellowstone County
Boland Aarab PLLP.
As Billings car accident lawyers, we know that most crash claims turn on three questions: who caused the crash, how much insurance is available, and what the injuries will cost over a lifetime. In Montana’s largest city, with interstate traffic on I-90, busy commercial corridors like King Avenue and Shiloh Road, and steep grades up the Rims, the answers depend on facts that should be gathered early, before the other driver’s insurer settles on its version of events.
Key Takeaways
- Montana allows 3 years to file most injury and wrongful-death claims (§ 27-2-204, MCA).
- You can recover if your share of fault is not greater than the combined fault of those you sue. Your damages are reduced by your percentage (§ 27-1-702, MCA).
- Montana’s minimum liability limits are only $25,000 per person / $50,000 per accident for bodily injury (§ 61-6-103, MCA). Your own UM and UIM coverage often matters most.
- Cases filed in Billings go to the Thirteenth Judicial District Court, which serves Yellowstone County (§ 3-5-101(13), MCA).
On this page: Billings roads · What to do · Fault · Insurance and UIM · Medical bills · Courts · Damages and deadlines · Why Boland Aarab · FAQ
Hurt in a car crash in Billings or anywhere in Yellowstone County? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where do serious car crashes happen in Billings?
Anywhere, but certain roads carry more traffic, higher speeds or harder terrain:
- Interstate 90, which runs through the city along the Yellowstone River, carries interstate traffic and trucks through its Billings interchanges. I-94 begins at I-90 in Lockwood.
- Main Street (U.S. 87) through the Heights, a busy commercial corridor with frequent turning traffic.
- King Avenue, the West End’s retail and business corridor running from the I-90 interchange west.
- Shiloh Road, a major West End arterial with multi-lane roundabouts.
- Zimmerman Trail, a steep, winding route up the Rimrocks that is especially demanding in winter.
Common crash types include rear-end collisions at lights, left-turn and intersection crashes, roundabout collisions, distracted driving, impaired driving, and winter crashes on ice. Where a commercial truck is involved, see our Billings truck accident page.
What should you do after a car accident in Billings?
- Get medical care and follow up. Concussions and spinal injuries are often not obvious at the scene.
- Call the police so there is an official report, and ask for the report number.
- Document the scene: photos of the vehicles, the roadway, signals and your injuries, plus names and phone numbers of witnesses.
- Get the other driver’s insurance information, and notify your own insurer promptly.
- Be careful with the other driver’s insurer. You are not required to give it a recorded statement. Anything you say can be used to reduce your claim.
- Do not sign a release or accept a final offer until you know the full extent of your injuries.
- Talk to a lawyer about preserving evidence such as business security video, which is often overwritten within days or weeks.
How does fault work in a Montana car accident?
Montana uses modified comparative fault. You can recover as long as your share of fault is not greater than the combined fault of the defendants and any nonparties. Your damages are reduced by your percentage of fault (§ 27-1-702, MCA).
| Your share of fault | Result |
|---|
| 0% | Full recovery of proven damages |
| 30% | Recovery reduced by 30% |
| 50% | Recovery reduced by 50% |
| 51% or more | No recovery from the other parties |
Insurers know this math. An adjuster who can shift even a small share of blame onto you reduces what the company pays. Evidence gathered early, including photos, video, vehicle data and witness statements, is the answer.
What if the other driver has little or no insurance?
This is one of the most common problems in Montana car cases. The state minimum is $25,000 for one person’s bodily injury and $50,000 per accident (§ 61-6-103, MCA), which a serious injury can exceed quickly.
- Uninsured motorist (UM) coverage pays when the at-fault driver has no insurance. Montana requires auto liability policies to include UM coverage unless the named insured rejects it (§ 33-23-201, MCA).
- Underinsured motorist (UIM) coverage is optional coverage on your own policy. It pays when the at-fault driver’s insurance is not enough to cover your damages.
- Other policies may apply too: an employer’s policy if the at-fault driver was working, or coverage on another vehicle in your household.
A UM or UIM claim is a claim against your own insurance company, and Montana law requires it to handle that claim fairly. If it does not, see our page on insurance bad faith.
Who pays your medical bills while the claim is pending?
Your own health insurance or auto medical-payments coverage often pays first. Montana also has a rule that protects crash victims: when liability is reasonably clear, the at-fault driver’s insurer may have to pay medical expenses that are reasonably clearly related to the crash before a final settlement, rather than holding them until you sign a release (Ridley v. Guaranty National Insurance Co., 286 Mont. 325, 951 P.2d 987 (1997)). The Montana Supreme Court has extended that duty to reasonably certain lost wages (DuBray v. Farmers Insurance Exchange, 2001 MT 251).
Where is a Billings car accident case filed?
Most Billings car cases are filed in the Thirteenth Judicial District Court, at the Yellowstone County Courthouse, 217 North 27th Street, with juries drawn from Yellowstone County. When the at-fault driver or company is from another state, the case may end up in the Billings Division of the U.S. District Court for the District of Montana, at 2601 2nd Avenue North.
We are based in Great Falls and handle car accident cases across Montana, and our lawyers have tried cases to juries in Yellowstone County. For more on Montana crash law, see our Great Falls and Montana car accident lawyer page and our Billings personal injury lawyer page.
What can you recover, and how long do you have?
Recoverable damages can include medical expenses now and in the future, lost wages and earning capacity, pain and suffering, loss of the established course of life, and property damage. In a death case, the family and estate may bring wrongful death and survival claims (§§ 27-1-501, 27-1-513, MCA).
Deadlines:
- 3 years to file most injury and wrongful-death claims (§ 27-2-204, MCA).
- Claims against the State, Yellowstone County or the City of Billings, for example over a road defect or a government vehicle, have written-notice requirements (§ 2-9-301, MCA).
- Your policy’s notice rules for UM and UIM claims can be much shorter. Notify your insurer promptly.
The Boland Aarab Way
We are trial lawyers, and we build every serious case as if it will be tried and then appealed.
- We protect verdicts. A Phillips County jury awarded $168,500 to a woman rear-ended by a pickup. When the trial judge threw the verdict out, we took it to the Montana Supreme Court and had it reinstated (Voegel v. Salsbery, 2023 MT 137). See our appellate record.
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over the past nine years, and Samir Aarab has argued twice before the Ninth Circuit.
- We are part of the trial bar. Both of our attorneys belong to the American Association for Justice and the Montana Trial Lawyers Association. Caitlin Boland Aarab is an AAJ Governor and serves on the MTLA Board, and Samir Aarab is also a member of Public Justice.
- You work with the lawyers. The attorneys who argue before Montana’s highest court handle your case from the first call.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Montana? Generally 3 years for injury and wrongful-death claims (§ 27-2-204, MCA). Claims against government entities have special notice rules, and your policy may require prompt notice of a UM or UIM claim.
Can I recover if I was partly at fault? Yes, if your fault is not greater than the combined fault of those you sue. Your recovery is reduced by your percentage of fault (§ 27-1-702, MCA).
What if the at-fault driver has only the minimum insurance? Montana’s minimum is $25,000 per person for bodily injury (§ 61-6-103, MCA). Your own underinsured-motorist coverage, and sometimes other policies, may pay the difference.
Does the other driver’s insurer have to pay my medical bills before settlement? It may. When liability is reasonably clear and a bill is reasonably clearly related to the crash, Montana law can require the insurer to pay it before a final settlement (Ridley v. Guaranty National Insurance Co., 1997).
Should I talk to the other driver’s insurance adjuster? You are not required to give the other side’s insurer a recorded statement. Speak with a lawyer first, because statements can be used to shift blame or reduce your claim.
Where will my Billings car accident case be heard? Usually in the Thirteenth Judicial District Court in Billings, which serves Yellowstone County. Some cases involving out-of-state parties are heard in federal court’s Billings Division.
Talk to a Billings Car Accident Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Sources: § 27-2-204, MCA · § 27-1-702, MCA · § 61-6-103, MCA · § 33-23-201, MCA · § 3-5-101, MCA · § 2-9-301, MCA · Ridley v. Guaranty National Insurance Co. · DuBray v. Farmers Insurance Exchange
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
