• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Grizzly Law

Grizzly Law

Kalispell Personal Injury Law Firm

  • Our Team
    • Lee Henning
    • Rebecca Henning-Rutz
    • Ashley McCormack
    • Cathy Kahnle
    • Melinda Cole
    • Keirsten Giles
  • Practice Areas
    • Personal Injury
    • Auto Accident
    • Motorcycle Accident
    • Slip and Fall
    • Medical Malpractice
    • Bicycle or Pedestrian Injury
    • Family Law
    • Criminal Law
    • Social Security Disability
  • Educate
  • Contact
Start Here

Dubray-Montana Law on Advance-Payments

You are here: Home / Personal Injury / Dubray-Montana Law on Advance-Payments

by Rebecca Rutz

In my previous post, I discussed the Ridley decision of the Montana Supreme Court. This is the case that requires insurance companies to pay for an injured party’s medical expenses where liability is “reasonably clear” and the medical expenses are “causally related” to the accident.

As anyone who has been hurt in an accident knows, the biggest financial stress any injured person can face is the inability to work. Four years after Ridley, the Court clarified that Montana law treats this kind of harm exactly the same way as medical expenses.

In Dubray v. Farmers Insurance Exchange, the Montana Supreme Court ruled that insurance companies are required to make payments for lost wages of injured people where liability is reasonably clear and the lost wages are caused by the accident:

The essence of our holding in Ridley is that where liability is reasonably clear, injured victims are entitled to payment of those damages which are not reasonably in dispute without first executing a settlement agreement and final release …  medical expenses are just one of the obligations incurred by victims that mandatory liability insurance laws were designed to alleviate. Lost wages which are reasonably certain and directly related to an insured’s negligence or wrongful act are another example.

Dubray requires insurance companies to advance not only medical expenses but lost wages too. Even more, Dubray left open-ended other kinds of harms and losses an insurance company is required to pay before final settlement.

The Flathead Valley is a big geographical region. It could be that an injured person lives thirty or more miles from their medical providers.  Well,  Dubray requires the insurance company to pay for the gas to and from medical appointments. Maybe the injured person was able to walk outside during the winter for exercise and now, because of his injuries cannot, while his medical providers are telling him that exercise is even more important. Dubray requires insurance to pay for a treadmill or gym membership. Etc.

Montana law affords a lot of great protections for injured people, and as my experience with an insurance adjuster as a first-year lawyer demonstrated, these protections are pretty unique to Montana. Unfortunately, insurance companies’ responses to Montana law are as varied as the day is long. There’s no predicting how a situation is going to shake out.

What I can tell you, though, is that if you are an injured Montanan experiencing financial strains because of an accident, Montana law is on your side and it’s worth talking to an attorney to find out if the insurance company you’re working with isn’t telling you the whole story.

Personal Injury auto accident,  dubray,  insurance,  med mal,  personal injury,  products liability,  wrongful death

Take the Next Step

Get the Answers You Need to Move Forward

The team at Grizzly Law can help you make sense of your legal issues so you can finally have clarity on how to move forward with your case. Talk to an attorney now.

Start Here

Primary Sidebar

Recent Posts

  • Montana Laws Governing Cyclists and Roadway Bicycling
  • Can the insurance company refuse to pay for my rental car after an accident?
  • Remote Texting Liability – I Would Take The Case
  • Liability for Texting A Driver
  • Go Check Your Auto Insurance!

Grizzly Law

1131 S Main St
Kalispell 59901
Phone: (406) 752-7122
Fax: (406) 752-3367
Henning, Rutz, and McCormack PLLC BBB Business Review
Free Personal Injury Consultation

Turn Your Setbacks Into Comebacks

Meet with Grizzly Law for a free case review. We'll evaluate your personal injury case and provide recommendations on next steps to get you moving forward.

Get Help Now

Footer

Quick Links

  • Montana Car Accident Guide
  • Contact Us
  • Educate
  • Privacy Policy
  • Legal Disclaimer

Practice Areas

  • Personal Injury
  • Auto Accidents
  • Motorcycle Accident
  • Slip and Fall
  • Medical Malpractice
  • Bicycle or Pedestrian Injury
  • Family Law
  • Criminal Law
  • Social Security Disability

Contact Us

1131 S Main St
Kalispell, MT 59901
Phone: (406) 752-7122
Fax: (406) 752-3367

The information presented on this website is not intended as and should not be interpreted as legal advice or legal opinion. Do not act or rely upon the information on this website without seeking the advice of an attorney.

Copyright © 2021 Grizzly Law · All Rights Reserved · Made in Montana by UpStart Media