Uninsured/Underinsured Motorist Complaint

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Claim — Breach of Contract (UM/UIM Benefits)
8. Second Claim — Unfair Claims Settlement Practices (MCA § 33-18-201)
9. Damages
10. Jury Demand
11. Prayer for Relief

Caption

MONTANA [JUDICIAL DISTRICT] JUDICIAL DISTRICT COURT
[COUNTY NAME] COUNTY

Parties

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, Montana [ZIP CODE], and is an insured under the automobile insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is an insurance company authorized to transact business in the State of Montana, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this matter pursuant to Mont. Const. Art. VII, § 4 and MCA § 3-5-302.

5. Venue is proper in [COUNTY] County pursuant to MCA § 25-2-118 because [☐ the accident occurred in this county / ☐ Defendant transacts business in this county / ☐ Plaintiff resides in this county].

6. The amount in controversy exceeds $[AMOUNT].

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY/ROUTE], in or near [CITY], [COUNTY] County, Montana.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, proximately causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following respects:

☐ Operating at an excessive or unreasonable speed (MCA § 61-8-303)
☐ Failure to yield the right of way (MCA § 61-8-339)
☐ Following too closely (MCA § 61-8-329)
☐ Driving under the influence (MCA § 61-8-401)
☐ Failure to obey a traffic control device (MCA § 61-8-302)
☐ Improper lane change (MCA § 61-8-325)
☐ Distracted driving / handheld device use (MCA § 61-8-802)
☐ Careless driving (MCA § 61-8-302)
☐ Other: [________________________________]

10. As a direct and proximate result of the above-described negligence, Plaintiff sustained serious bodily injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy includes uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy includes underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. Plaintiff [☐ accepted UM/UIM coverage / ☐ did not execute a valid written rejection of UM/UIM coverage].

Anti-Stacking Provision

16. ☐ Multiple policies or vehicles may apply to this claim.

☐ Anti-stacking provision applies; Plaintiff claims the highest single policy limit of $[AMOUNT]
☐ Anti-stacking provision does not apply because [________________________________]
☐ Stacking is not at issue in this claim

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

17. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer denied coverage or is insolvent].

☐ Underinsured Motorist (UIM) Claim:

18. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is less than Plaintiff's total damages.

19. Plaintiff has exhausted the at-fault motorist's bodily injury liability limits and received $[AMOUNT RECOVERED FROM TORTFEASOR] in [☐ settlement / ☐ judgment].

20. Defendant Insurer was provided with timely written notice and the opportunity to consent to the settlement with the tortfeasor's insurer.

First Claim

Breach of Contract (UM/UIM Benefits)

21. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 20.

22. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

23. Plaintiff has performed all obligations and satisfied all conditions precedent required under the Policy.

24. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff despite proper and timely demand.

25. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Second Claim

Unfair Claims Settlement Practices (MCA §§ 33-18-201, 33-18-242)

26. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 25.

27. Pursuant to MCA § 33-18-242, an insured may bring an independent cause of action against an insurer for actual damages caused by the insurer's violation of the Unfair Claims Settlement Practices Act (MCA § 33-18-201).

28. Defendant Insurer violated MCA § 33-18-201 by engaging in one or more of the following acts:

☐ Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue
☐ Failing to acknowledge and act reasonably promptly upon communications with respect to claims
☐ Failing to adopt and implement reasonable standards for the prompt investigation of claims
☐ Refusing to pay claims without conducting a reasonable investigation
☐ Failing to attempt in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear
☐ Compelling insureds to institute litigation to recover amounts due under the policy
☐ Other: [________________________________]

29. Plaintiff has been damaged by Defendant Insurer's unfair claims practices and is entitled to actual damages as provided by MCA § 33-18-242.

Damages

30. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Mental anguish and emotional distress: $[AMOUNT]
☐ Physical disability and disfigurement: $[AMOUNT]
☐ Loss of enjoyment of life: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Actual damages for unfair claims practices (MCA § 33-18-242)
☐ Punitive damages (if fraud or actual malice shown — MCA § 27-1-221)
☐ Prejudgment interest (MCA § 27-1-211)
☐ Attorney's fees (if authorized)
☐ Costs of suit

Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM/UIM benefits in the full amount owed under the Policy;
3. Actual damages for violation of the Unfair Claims Settlement Practices Act (MCA § 33-18-242);
4. Punitive damages pursuant to MCA § 27-1-221;
5. Prejudgment interest pursuant to MCA § 27-1-211;
6. Costs of this action; and
7. Such other and further relief as this Court deems just and equitable.

Respectfully submitted,

[ATTORNEY NAME], Montana Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Montana [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Montana

Sources and References

• MCA § 33-23-201 — Justia (2024)
• MCA § 33-23-201 — Montana Legislature Archive
• Montana UM/UIM Overview — MT Law Group
• Montana Uniform Arbitration Act — Justia