Missoula, MontanaMissoula Uninsured Motorist
Missoula Uninsured Motorist Lawyers: UM/UIM Claims, Hit-and-Run Crashes and Stacking for Missoula Drivers, Cyclists and Pedestrians
Boland Aarab PLLP.
If a driver with no insurance, too little insurance or no name at all hurt you in Missoula, your own auto policy may pay. Uninsured (UM) and underinsured (UIM) motorist coverage is protection you bought for yourself, it often follows you as a pedestrian or cyclist, and Montana law often lets you stack it. 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).
- Montana’s minimum liability limits are only $25,000 per person and $50,000 per accident (§ 61-6-103, MCA).
- An insurer may not charge separate premiums for UIM coverage and then refuse to stack it, unless the statute’s conditions are met (Hardy v. Progressive, 2003 MT 85; § 33-23-203, MCA).
Hurt by an uninsured, underinsured or hit-and-run driver in Missoula? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Why do UM and UIM claims come up so often in Missoula?
Because Missoula’s traffic mixes heavy vehicle volume with a large number of people who are not in cars, and because a minimum-limits policy runs out fast after a serious crash.
- Reserve Street and the city’s arterials. Reserve Street, which carries U.S. 93 through town, was chosen for a safety action plan because of its high crash history, and most crashes there happen at or near intersections: rear-ends, turning vehicles and cross traffic (Reserve Street Safety Action Plan). A $25,000 policy may not cover even the emergency care from a serious intersection crash.
- People on foot, on bikes and on the bus. Missoula has miles of bike lanes and off-street trails, a large university campus, and a zero-fare Mountain Line bus system that has operated without fares since January 2015 (Mountain Line). The Montana Supreme Court has described UIM coverage as “personal and portable” (Hardy). Depending on the policy, your UM and UIM coverage, and sometimes that of a relative in your household, may protect you when a driver hits you while walking downtown, riding on Higgins Avenue or waiting at a bus stop.
- Visitors and students. Interstate 90 brings drivers from every state through Missoula, and the University of Montana brings students whose cars are insured in their home states. When an at-fault driver’s policy was issued elsewhere, or when your own policy was, the policy language and which state’s law applies both need a careful look.
- Hit-and-run crashes. A driver who flees leaves you with no insurance to claim against. Your UM coverage is often the main source of recovery.
What happens after a hit-and-run or uninsured crash in Missoula?
Report it right away. Inside city limits, the Missoula Police Department investigates. Outside the city, the Montana Highway Patrol is the primary agency for crashes; the Sheriff’s Office does not investigate them (Missoula County Sheriff). Many UM policies require prompt police reporting of a hit-and-run, so do not skip this step even if the driver is long gone.
Get the report. Missoula Police Department crash reports are generally available within 7 to 10 business days from Records at 435 Ryman Street. Montana treats crash reports as confidential, so a lawyer or insurer needs a signed authorization from someone involved (City of Missoula).
Look for cameras. Downtown businesses, apartment buildings, gas stations along Reserve and Brooks, and dash cameras often record over their footage within days. We send requests quickly.
Notify your insurer in writing, and keep a copy. Read the policy’s notice, cooperation and consent-to-settle provisions before you sign anything with the at-fault driver’s insurer.
Medical care. Seriously injured people are usually treated at Providence St. Patrick Hospital, the region’s ACS Level 2 / State Regional Trauma Hospital, or Community Medical Center (DPHHS). Keep the bills; they are often the first measure of whether the at-fault driver’s coverage is enough.
Which court. If your insurer will not pay fairly, a suit can be filed in the Fourth Judicial District Court at the Missoula County Courthouse, 200 West Broadway (Missoula County District Court). Most auto insurers are incorporated outside Montana, and many remove these cases to the Missoula Division of the U.S. District Court at the Russell Smith Federal Courthouse, 201 East Broadway (U.S. District Court, Missoula). Montana insurance law still applies.
Montana law that applies
- UM required unless rejected (§ 33-23-201); UIM is optional and depends on the policy.
- Stacking. Since 2007, the statute allows anti-stacking only when premiums actuarially reflect the limit and the rates are filed with the Commissioner of Securities and Insurance (§ 33-23-203(1)(c)).
- Comparative fault applies to your claim as it would against the other driver (§ 27-1-702, MCA).
- Unfair claim practices by your own insurer can support a separate claim (§ 33-18-242, MCA).
- Deadlines differ: generally 3 years against the at-fault driver (§ 27-2-204, MCA), a separate written-contract period against your insurer (§ 27-2-202, MCA), and the policy’s own notice rules. Treat the earliest as the one that controls.
For more, see our Montana uninsured motorist lawyer page.
Why hire a Great Falls firm for a Missoula case?
We are based in Great Falls and handle UM and UIM claims statewide. These claims are fought over policy language, stacking and the value of the injuries, and they frequently end up in federal court. Our attorneys travel to Missoula for depositions, hearings and trial, and much of the policy and records work happens without you needing to travel.
The Boland Aarab Way
- We protect verdicts. We had a $168,500 jury verdict for a rear-end crash victim reinstated by the Montana Supreme Court in Voegel v. Salsbery, 2023 MT 137.
- We know 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.
- We try cases. Our firm has tried more than a dozen jury trials, and our attorneys have spent more than 4,000 hours in the courtroom.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves.
We also handle Missoula car accident and Missoula pedestrian accident cases, and other Missoula personal injury claims.
Frequently Asked Questions
I was hit while walking or biking in Missoula. Does my car insurance help? Often, yes. Depending on the policy, your UM and UIM coverage may protect you as a pedestrian or cyclist, and a relative’s policy in your household may apply too.
The driver who hit me on Reserve Street only had minimum coverage. What now? After the at-fault driver’s insurer pays its limits, your UIM coverage may pay the rest, up to your limits. Do not sign a release before protecting your UIM rights.
What should I do after a hit-and-run in Missoula? Call the police immediately, even if the driver is gone, then notify your insurer in writing. Many policies require prompt reporting for UM coverage to apply.
I am a University of Montana student with an out-of-state policy. Am I covered? Possibly. Coverage depends on your policy’s terms, and which state’s law applies may need analysis. Bring the full policy to a consultation.
Can I stack my UIM coverage for several cars? Often. If you paid separate premiums, Montana law limits an insurer’s ability to refuse stacking unless the premiums and rate filings meet the statute’s conditions.
Talk to a Missoula Uninsured Motorist Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
