Montana Injuries

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My husband's Bozeman bike crash was last summer, can we still push for more?

A civil Complaint filed in Gallatin County District Court usually has to be filed within 3 years of the crash in Montana. If that deadline has not passed, yes, he may still be able to reject a low offer and keep pushing. But the follow-up question you should ask right now is: did he sign a release?

If he signed a settlement release and took the money, that usually ends the claim for good, even if his pain, nerve symptoms, or missed work turned out worse months later.

If he did not sign, then waiting since last summer does not automatically kill the case. In Montana, insurers often drag negotiations out while they watch medical treatment develop. That is common with spring and summer rider crashes, especially visibility-conflict wrecks involving bikes and motorcycles around Bozeman.

What "holding out" means is not some secret move behind closed doors. It usually means building the claim with:

  • medical records and bills
  • proof of wage loss
  • photos, witness statements, and the crash report
  • a demand package showing why the first offer is too low

"Going to court" usually starts with filing that Complaint before the 3-year deadline. It does not mean a trial happens next week. Most cases still settle after filing, during written discovery, depositions, mediation, or after the defense sees you are serious.

A case is more likely worth holding if he still has treatment ahead, permanent limits, or disputed fault. Montana uses modified comparative negligence, so if he is found more than 50% at fault, he recovers nothing. If he is 50% or less at fault, recovery is reduced by that percentage.

If the wreck happened outside Bozeman on a route like US-93 between Missoula and Polson, where fault fights are common on two-lane roads, filing before the deadline matters even more because negotiations can stall fast.

by Dawn Birdtail on 2026-03-22

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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