State law where the accident occured makes all the difference, for instance,
in Washington, they can't total a third party's (that would be your son)
vehicle without consent. A woman pulled out in front of me hauling a horse
trailer while I was doing the speed limit, and told the Cop that not only
was it her fault, but that she "should have been wearing her glasses". I got
$6500 to repair a 76 Goldwing that cost me $1000 (plus a lot of work and
parts), and fixed it for free with spare parts from donor bikes I already
had. It only "blue-booked" at about $850, but I had restored it a few months
ahead, won a "best foreign dresser" award recently, and was on the last leg
of a 5000 mile trip. The $6500 figure was a Honda Dealer's estimate to
repair the bike to it's excellent former condition, and they complimented me
on the work I had done. It is in the garage waiting for the snow to melt.
In California, they pay the lesser of replacement value or repair.
I bought my wife an 85 BMW with new paint and a bad auto trans, and rebuilt
the tranmission, suspension, engine, brakes, etc and made it a fine car. It
got T-boned in California by a woman who admitted fault, and her insurance,
Farmers, looked in Autotrader and offered $3800. My state licensed
independant appraiser evaluated the car at $9100. Farmer's wont negotiate,
so I am suing the driver of the vehicle in small claims in a couple of weeks
for the maximum of $7500. I have much documentation and am confident of a
win. I'll bet she isn't happy with her insurance company now!

Bottom line, Check the laws for Montana, Talk to an insurance agent who is
IN Montana, not of a company involved in your son's accident , and check to
see if Montana state code is available online. I would bet that Montanans
have better protection from insurance companies than Californians.
--
Stupendous Man,
Defender of Freedom, Advocate of Liberty