Why is the insurer saying VA treatment means my Kalispell deer-crash claim is worthless?
Montana vehicle-injury settlements often land anywhere from about $15,000 to well over $100,000, depending on the injury, coverage, and who caused the crash. The mistake that sends people searching this question is believing the insurer's favorite myth: "If the VA paid your bills, your injury claim has no value." That is wrong.
VA coverage is not a free pass for the insurance company. It only means one source paid for treatment. Your claim can still include pain and suffering, lost wages, future care, out-of-pocket costs, and non-VA treatment. If a driver's conduct contributed to the crash, you may still have a liability claim. If no driver hit you but you swerved on US-2 or another Flathead-area road during deer, elk, or moose season, you may still have Med Pay or other first-party coverage under your own Montana auto policy.
Another bad myth is that a "single-vehicle wildlife crash" always means no case. Not necessarily. If another driver forced the evasive move, crossed center, drove without lights, or left the scene, uninsured motorist coverage may be in play even without contact, depending on the facts and proof.
What helps in Montana:
- Get the Montana Highway Patrol or local crash report.
- Save VA and non-VA records separately.
- Document missed work and mileage to treatment.
- Request your full auto policy, including Med Pay, UM/UIM, and liability limits.
Montana's general deadline for most injury lawsuits is 3 years under MCA 27-2-204. Do not let an adjuster stall you into thinking the VA system replaces the civilian claim system. They are separate systems, and they do not cancel each other out.
If the VA paid for crash-related care, there may also be a federal reimbursement interest out of a settlement. That does not erase the claim's value; it just affects how the money is sorted out.
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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