Great Falls Uninsured Motorist Lawyer

Q: Can I stack underinsured motorist coverage in Montana?

Often. Under Hardy v. Progressive, 2003 MT 85, an insurer that charges separate premiums may not refuse to stack. Since 2007, § 33-23-203 allows anti-stacking only when the premiums actuarially reflect a single limit and are filed with the commissioner, so each policy must be reviewed.

Great Falls & MontanaUninsured Motorist

Great Falls & Montana Uninsured and Underinsured Motorist Lawyers: UM/UIM Claims, Stacking and Hit-and-Run Crashes

Boland Aarab PLLP.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

If a driver with no insurance, too little insurance or no name at all injured you in Montana, your own auto policy may pay. Uninsured (UM) and underinsured (UIM) motorist coverage is protection you bought for yourself, Montana law often lets you stack it, and your insurer must handle the claim fairly and promptly.

Key Takeaways
Every Montana auto liability policy must include uninsured motorist coverage unless the named insured rejects it (§ 33-23-201, MCA).
The Montana Supreme Court held in Hardy v. Progressive, 2003 MT 85, that an insurer may not charge separate premiums for underinsured coverage and then refuse to stack it (Hardy).
The stacking statute was amended in 2007 and now allows anti-stacking only when the premiums actuarially reflect the limit and are filed with the commissioner (§ 33-23-203, MCA).
An insurer that mishandles your claim may be liable under Montana’s Unfair Trade Practices Act (§ 33-18-242, MCA).

On this page: What UM and UIM cover · Your own insurer · Stacking · Hit-and-run · Settling with the other driver · Bad faith · Deadlines · What to do · Why Boland Aarab · FAQ

Hurt by an uninsured, underinsured or hit-and-run driver? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What do uninsured and underinsured motorist coverage pay for?

They pay the damages you could have recovered from the at-fault driver, up to your own policy limits, when that driver has no insurance or not enough of it.

Uninsured motorist (UM) coverage applies when the at-fault vehicle is “not insured or bonded for bodily injury liability at the time of the accident” (§ 33-23-201(1), MCA). Montana requires it on every auto liability policy, in at least the state’s minimum limits, for the protection of the people insured under the policy. The named insured may reject it, and a rejection carries over to renewals with the same insurer unless the insured asks for the coverage in writing.

Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but not enough. Montana’s minimum liability limits are $25,000 for one person and $50,000 for everyone hurt in one accident (§ 61-6-103, MCA). A single night in a trauma unit can exceed that. UIM coverage is optional, and the details depend on your policy.

Both coverages generally follow the person, not only the car. In Hardy, the Montana Supreme Court described underinsured coverage as “personal and portable.” Depending on the policy language, you may be covered as a driver, a passenger, a pedestrian or a cyclist, and other members of your household may be covered too. We read every policy in the household before we tell a client what is available.

Why is a UM or UIM claim different from other injury claims?

Because you are making a claim against your own insurance company, and it will often defend the claim as if it were the other driver.

To collect UM or UIM benefits, you generally must show what you would have to show against the at-fault driver: that the other driver was at fault and what your injuries are worth. Your insurer can dispute both. It may argue that you were partly at fault, that your injuries came from something else, or that your treatment cost too much. Montana’s comparative-fault rule still applies; your recovery is reduced by your share of fault, and barred only if your share is greater than the combined fault of the others (§ 27-1-702, MCA).

The difference is that your own insurer owes you duties the other driver’s insurer does not. It sold you the coverage and collected the premium. Montana law requires it to investigate reasonably, to act promptly and to pay when liability is reasonably clear. We prepare these claims as carefully as a lawsuit against the other driver, because that is often what they become.

Can you stack UM and UIM coverage in Montana?

Often, yes. “Stacking” means adding together the limits of coverage on more than one vehicle or policy when you paid a separate premium for each.

The Hardy decision. In Hardy v. Progressive Specialty Insurance Co., 2003 MT 85, 315 Mont. 107, 67 P.3d 892, the insured had paid three separate premiums for three $50,000 underinsured coverages and sought to stack them. The Court held that an anti-stacking provision that lets an insurer “receive valuable consideration for coverage that is not provided violates Montana public policy.” It also held that the version of § 33-23-203 then in effect, to the extent it allowed premiums to be charged for illusory coverage, violated substantive due process under the Montana Constitution (Hardy).

The 2007 amendment. The Legislature amended § 33-23-203 in 2007 (Ch. 201, L. 2007). As it reads today, the statute says limits from one policy, or from more than one policy issued by the same company, may not be added together “if the premiums charged for the coverage by the insurer actuarially reflect the limiting of coverage separately to the vehicles covered by the policy and the premium rates have been filed with the commissioner” (§ 33-23-203(1)(c), MCA). The insurer must also tell the insured in writing what the limits are for the premium charged and “whether the coverage from one policy or motor vehicle may be added to the coverage of another” (§ 33-23-203(3)).

Question	What we check
How many premiums?	Whether you paid a separate UM or UIM premium for each vehicle or policy
Actuarial pricing	Whether the insurer can show the premium was actually priced to reflect a single, non-stacked limit
Rate filing	Whether the rates were filed with the Commissioner of Securities and Insurance
Written notice	Whether you were told in writing whether coverage could be added together
Other companies	Whether there are policies from different insurers, which the statute treats differently

Whether coverage stacks in your case depends on the policy, the premiums and the paperwork. Insurers do not always volunteer the answer. We ask for the declarations pages, the endorsements and the rating information, and we test the insurer’s position against the statute and Hardy.

What if the driver who hit you drove away?

Your uninsured motorist coverage is often the main source of recovery after a hit-and-run, but the policy’s conditions matter.

Most auto policies treat an unidentified hit-and-run vehicle as an uninsured vehicle. Many also add conditions, such as reporting the crash to police promptly, notifying the insurer quickly, and in some policies showing that the other vehicle actually made contact with you or your car. Whether a particular condition is enforceable under Montana law depends on the policy language and the facts, and we review it before accepting an insurer’s denial.

After a hit-and-run:

Call the police right away and make sure a report is written, even if the driver is long gone.
Look for cameras. Businesses, homes, traffic cameras and dash cameras often record over their footage within days.
Photograph everything, including paint transfer, debris and damage to your vehicle or bicycle.
Notify your insurer in writing and keep a copy.
Keep the vehicle, helmet or bicycle until it can be inspected.

If police later identify the driver, the claim may shift to that driver’s insurance, with your UIM coverage behind it.

How does a UIM claim fit with the at-fault driver’s settlement?

Usually the at-fault driver’s insurer pays its limits first, and your UIM coverage then pays some or all of the rest, but the order and the paperwork must be handled carefully.

Before you accept the at-fault driver’s policy limits or sign a release, read your own policy. Many UIM policies require notice to your insurer before settlement, and some give the insurer the chance to protect its right to seek repayment from the at-fault driver. Montana law allows policies to include reasonable limitations and subrogation clauses designed to prevent duplicate payment for the same loss (§ 33-23-203(2), MCA). A release signed too early can create a coverage fight that did not need to happen.

We also look for every other source of recovery: an employer’s policy if the at-fault driver was working, a vehicle owner’s policy, an umbrella policy, and medical payments coverage. In a serious crash, the UIM claim is often where the real value of the case lies.

What if your own insurer delays or underpays?

Montana law gives you a claim against your own insurer when it handles your UM or UIM claim unfairly.

The Unfair Trade Practices Act lists claim practices that are prohibited, including refusing to pay claims without a reasonable investigation and failing to affirm or deny coverage within a reasonable time (§ 33-18-201, MCA). An insured has an independent cause of action for actual damages caused by certain of those violations, and need not prove that the insurer does it as a general business practice (§ 33-18-242, MCA).

Warning signs include repeated requests for the same records, offers that ignore your medical bills, long silences, and demands for a recorded statement or broad medical authorizations before the insurer will make any offer. For more, see our Montana insurance bad faith page.

What are the deadlines for a UM or UIM claim?

There are several, and they do not all run on the same clock, so treat the earliest one as the one that controls.

Against the at-fault driver: generally 3 years for injury claims (§ 27-2-204, MCA).
Against your own insurer: a UM or UIM claim arises from a written insurance contract. For actions filed on or after October 1, 2025, the general period for claims on a written contract is 6 years (§ 27-2-202, MCA). When the clock starts can be disputed.
Under the policy: most policies require prompt notice of a claim and cooperation, and some set other time limits.
Wrongful death: a family’s claim for a death generally must be filed within 3 years (§ 27-2-204(2)). See our wrongful death page.

What should you do now?

Get medical care and follow your providers’ advice.
Report the crash to police and to your insurer, in writing.
Find every policy in your household: cars, trucks, motorcycles and any umbrella policy.
Do not sign a release from the at-fault driver’s insurer before your own UIM rights are protected.
Be careful with recorded statements and broad medical authorizations.
Call a lawyer early, before evidence is lost and before a deadline passes.

For the rest of a crash case, see our car accident page.

The Boland Aarab Way

We are trial lawyers. We prepare every serious claim, including a claim against a client’s own insurer, as if it will be tried to a jury and reviewed on appeal. Insurers value claims differently when they know the lawyers on the other side will try them.

We protect verdicts. In a rear-end crash case, the Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom. See our results.
We know federal and appellate court. Many coverage disputes are decided in federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit. The Boland Aarab appellate record reaches back to 1977.
You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Caitlin serves as an AAJ Governor and on the MTLA Board.

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Where do we handle UM and UIM claims?

Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We handle uninsured and underinsured motorist claims across Montana, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We also handle car accident, truck accident and insurance bad faith cases.

Where do we handle uninsured motorist cases?

We are based at 18 6th Street North, Suite 200, in Great Falls, and handle uninsured motorist cases across Montana. Our attorneys travel for depositions, hearings and trial. For local information, see our pages for Billings uninsured motorist lawyers, Missoula uninsured motorist lawyers, Helena uninsured motorist lawyers, Bozeman uninsured motorist lawyers, Butte uninsured motorist lawyers, Kalispell uninsured motorist lawyers and Havre uninsured motorist lawyers.

Frequently Asked Questions

Is uninsured motorist coverage required in Montana? Insurers must include it in every auto liability policy, but the named insured may reject it (§ 33-23-201, MCA). Check your declarations page to see whether you have it.

What is the difference between UM and UIM coverage? UM coverage pays when the at-fault driver has no liability insurance. UIM coverage pays when the at-fault driver has insurance, but not enough to cover your damages.

Can I stack underinsured motorist coverage in Montana? Often. Under Hardy v. Progressive, 2003 MT 85, an insurer that charges separate premiums may not refuse to stack. Since 2007, § 33-23-203 allows anti-stacking only when the premiums actuarially reflect a single limit and are filed with the commissioner, so each policy must be reviewed.

Does my UM coverage apply to a hit-and-run? Usually, because most policies treat an unidentified hit-and-run vehicle as uninsured. Report the crash to police and your insurer promptly, because policies often make that a condition of coverage.

Will my rates go up if I make a UM or UIM claim? Montana law says a policy is not subject to cancellation, nonrenewal or a premium increase because of injury or damage to the insured unless, among other things, the insured is found to have violated a traffic law, is found negligent, or pays damages to another party (§ 61-6-103(6), MCA).

Do I have to sue my own insurance company? Not always. Many UM and UIM claims resolve without a lawsuit, but if the insurer will not pay fair value, a lawsuit against your own insurer may be necessary.

Am I covered if I was walking or riding a bicycle? Often, yes. UM and UIM coverage is generally personal, so it may protect you as a pedestrian or cyclist, depending on your policy.

How long do I have to bring a UM or UIM claim? It depends on the claim. Protect the 3-year deadline for the underlying injury claim (§ 27-2-204, MCA), give your insurer prompt notice, and talk with a lawyer about the contract deadline under § 27-2-202.

Talk to a Great Falls Uninsured Motorist Lawyer