Can I Bring A Claim If I Am Partly At Fault?
Hi, this is Lucas Foust from Foust Law Office, and I'm here to answer a quick question. This is a quick question that I receive from people who've been in a car crash, and they feel they might be partially at fault, but not the primary cause of the car crash. And they'll ask me this question: "Even if I'm partly at fault, can I still bring a claim against the other motorist for the injuries I sustained in the car crash?"
And the answer to that question is yes, absolutely. Montana law applies what's called comparative negligence, and under Montana law, if a person is 50% or less responsible for the car crash, they can still be awarded damages or provided damages from the other party. Think of it as a kind of scale. You've heard of the scales of justice, but if you are less at fault than the combination of the other motorists who may be at fault, you may be entitled to receive compensation for the injuries that you've sustained. And even if you are 51% at fault, you still may be able to bring claims under your own medical pay insurance portion of your insurance policy. That's a long way of saying it's complicated, but the fact is, if you're partially responsible, you can still bring a claim.
To answer this question and many others, I encourage you to download our book, Abandoned on the Road: A Guide to Insurance Law in Montana. And at Foust law office, we believe that an informed client is a better client.