# Montana car accident law: deadlines, fault and your claim

> Montana car accident claims: 3 years to sue for injuries but 2 for vehicle damage, the 51% fault bar, claims against the state and crash reports.

Canonical page: https://accidentclaimfacts.com/location/montana/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Montana you generally have 3 years to file a lawsuit for crash injuries and 3 years for wrongful death, but only 2 years for damage to your vehicle. Montana uses modified comparative fault: your damages are reduced by your share of fault, and you recover nothing if your share is greater than that of the people you sue, which means 51% or more. Before suing the State of Montana, you must first file a written claim to the Department of Administration.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 3 years | Mont. Code Ann. § 27-2-204(1) |
| Vehicle damage deadline | 2 years | Shorter than the injury deadline |
| Wrongful death deadline | 3 years | Mont. Code Ann. § 27-2-204(2) |
| Fault rule | Modified comparative: barred at 51% | Mont. Code Ann. § 27-1-702 |
| Claim against the state | Written claim first; up to 120 days for a decision | MCA 2-9-301 |
| Minimum liability insurance | $25,000 per person, $50,000 per crash, $20,000 property | |
| Fault or no-fault | At-fault | PIP: Not required |
| Traffic deaths, 2024 | 206 people | 18.1 per 100,000 people |
| State bar referral service | Licensed Lawyer Montana | free of charge to the public |

## Filing deadlines in Montana

Montana's statute of limitations depends on what was damaged. Claims for injuries and wrongful death have 3 years, while claims for damage to property, including your car, have 2 years.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 3 years | Mont. Code Ann. § 27-2-204(1) |
| Damage to your vehicle or other property | 2 years | Mont. Code Ann. § 27-2-207 |
| Wrongful death | 3 years | Mont. Code Ann. § 27-2-204(2) |
| Claim against the State of Montana | Written claim to the Department of Administration before suing | MCA 2-9-301 |

The split matters when a crash causes both injuries and vehicle damage. If the vehicle claim is not settled, its deadline arrives a year before the injury deadline. Our guide to [property damage claims](https://accidentclaimfacts.com/money/property-damage-and-diminished-value/) explains what that part of a claim covers.

For an injured child, the time while the injured person is a minor does not count toward the deadline. This pause, a form of tolling, applies when the person is a minor on the day the claim arises.

Claims against government bodies have extra steps. You cannot sue the state until you have filed a written claim to the Department of Administration and it has been denied. The department has 120 days to decide; no decision in that time counts as a denial, and the deadline to sue is paused for those 120 days. Claims against a city, county or other local body are presented to and filed with the clerk or secretary of the city, county or other political subdivision.

> **Warning:** Talks with an insurance company do not pause any of these deadlines. With a two-year limit on vehicle damage, a property claim can run out while the injury claim is still being negotiated.

## How fault is shared in Montana

Under Mont. Code Ann. § 27-1-702, your own negligence does not bar recovery if it was not greater than the negligence of the person you sue, or the combined negligence of everyone you sue. Your damages are then reduced in proportion to your share.

> **Example:** You are 50% at fault for a crash on a two-lane highway and the other driver is 50% at fault. You can recover half of your proven damages. If a jury puts your share at 51%, you recover nothing from the other driver.

Because the line sits just above 50%, small facts about speed, following distance or a missed sign can decide whether a claim pays at all. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=mt&fault=20#fault) to see how Montana compares with other states.

## Insurance in Montana

Montana is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Drivers must carry at least $25,000 per person and $50,000 per crash for injuries, plus $20,000 for property damage. Personal injury protection is not required.

**Uninsured motorist coverage:** Included at the bodily injury minimums ($25,000/$50,000) unless you reject it by signing a form. The Insurance Information Institute estimates that 7.2% of Montana drivers were uninsured in 2023, below the national estimate of 15.4%.

Questions or complaints about an insurer go to the Montana Commissioner of Securities and Insurance (Office of the Montana State Auditor): 800-332-6148 (toll-free); 406-444-2040.

## After a crash in Montana

If a crash injures or kills someone, or causes apparent property damage of $1,000 or more, the driver must notify the city police right away, or outside a city the county sheriff or the nearest Highway Patrol office. If no officer investigates and reports the crash, the driver must also send a written report to the state Department of Justice within 10 days when someone is hurt or killed or property damage is over $1,000.

Law enforcement crash reports are not open to everyone. Montana law lets people named in the report or involved in the crash, their insurers or written representatives, parties to a lawsuit over the crash, and the estate of a person who died examine and copy them without a court order. Our guide to [police reports](https://accidentclaimfacts.com/claim-process/police-report/) explains what to check in the report.

## Special rules in Montana

**Seat belts.** Under Montana's seat belt law, whether you wore a belt is not admissible in a civil case over a motor vehicle crash, and not wearing one is not negligence.

**Punitive damages.** Punitive damages are capped at $10 million or 3% of the defendant's net worth, whichever is less. The cap does not apply to class actions.

**Government limits.** Claims against government bodies are limited to $750,000 for each claim and $1,500,000 for each occurrence.

## Crashes on Montana roads

The Insurance Institute for Highway Safety counted 206 crash deaths in Montana in 2024. That is 18.1 per 100,000 people, compared with 11.5 per 100,000 people nationwide.

| Measure, 2024 | Montana |
|---|---|
| Crash deaths | 206 |
| Deaths per 100,000 people | 18.1 (US: 11.5) |
| Share of deaths on rural roads | 79% |
| Share of deaths that were speeding-related | 43% |
| Fatally injured passenger vehicle drivers with a BAC of 0.08% or higher | 37% |

If an impaired driver caused your crash, our guide to [drunk driver accidents](https://accidentclaimfacts.com/accidents/drunk-driver-accidents/) explains how those claims differ.

## Finding a lawyer in Montana

The State Bar of Montana runs a lawyer referral service, Licensed Lawyer Montana, which is free of charge to the public. It includes only lawyers who opt in, and they must carry malpractice insurance. You can search it [online](https://www.licensedlawyer.org/mt). The State Bar says it does not recommend specific lawyers or make referrals outside this service.

To check a lawyer, use the State Bar's [Attorney Directory](https://www.montanabar.org/For-Attorneys/Attorney-Directory) or call the State Bar at (406) 442-7660. Our guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) explains how these services work, and the [claim process guide](https://accidentclaimfacts.com/claim-process/) covers each step of a claim.

## FAQ

### What is the statute of limitations for a car accident in Montana?

Generally 3 years for injuries and 3 years for wrongful death, but only 2 years for vehicle and other property damage. Claims against the state also need a written claim to the Department of Administration before any lawsuit.

### Is Montana a no-fault state?

No. Montana is an at-fault state, so the driver who caused the crash, through their insurer, pays for the losses. Personal injury protection is not required.

### Can I recover if I was partly at fault in Montana?

Yes, if your share of fault is not greater than that of the people you sue. At 50% you can recover half of your damages; at 51% or more you recover nothing.

### How long do I have to sue for damage to my car in Montana?

2 years, under Mont. Code Ann. § 27-2-207. That is a year less than the deadline for injuries, so a vehicle claim can expire first.

### Can not wearing a seat belt reduce my claim in Montana?

Under Montana's seat belt law, evidence about seat belt use is not admissible in a civil case over a motor vehicle crash, and not wearing one is not negligence. A licensed Montana attorney can explain how this applies to a specific case.

### Do I have to report a crash in Montana?

Yes, right away, if anyone is hurt or killed or the damage appears to be $1,000 or more. If no officer investigates and reports it, a written report to the Department of Justice is due within 10 days.

## Sources

- [Montana Legislature, MCA 27-1-702](https://mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html) — comparative negligence
- [Montana Legislature, MCA 61-1-101](https://mca.legmt.gov/bills/mca/title_0610/chapter_0010/part_0010/section_0010/0610-0010-0010-0010.html) — "department" means the Department of Justice
- [Montana Commissioner of Securities and Insurance, Auto insurance](https://csimt.gov/insurance/auto/) — coverage requirements
- [State Bar of Montana, Find a Lawyer](https://www.montanabar.org/For-the-Public/Find-a-Lawyer) — referral service
- [Montana Legislature, MCA 27-2-204](https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0040/0270-0020-0020-0040.html), checked October 29, 2026
- [Montana Legislature, MCA 27-2-207](https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0070/0270-0020-0020-0070.html), checked October 29, 2026
- [Montana Legislature, MCA 2-9-301, Presentation of claims](https://mca.legmt.gov/bills/mca/title_0020/chapter_0090/part_0030/section_0010/0020-0090-0030-0010.html), checked October 29, 2026
- [Montana Legislature, MCA 27-2-401, Tolling of statute of limitations](https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0040/section_0010/0270-0020-0040-0010.html), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Montana Legislature, MCA 61-7-108, Immediate notice of accidents](https://mca.legmt.gov/bills/mca/title_0610/chapter_0070/part_0010/section_0080/0610-0070-0010-0080.html), checked October 29, 2026
- [Montana Legislature, MCA 61-7-109, Written reports of accidents](https://mca.legmt.gov/bills/mca/title_0610/chapter_0070/part_0010/section_0090/0610-0070-0010-0090.html), checked October 29, 2026
- [Montana Legislature, MCA 61-7-114, Accident reports confidential](https://mca.legmt.gov/bills/mca/title_0610/chapter_0070/part_0010/section_0140/0610-0070-0010-0140.html), checked October 29, 2026
- [Montana Legislature, MCA 61-13-106, Evidence not admissible](https://mca.legmt.gov/bills/mca/title_0610/chapter_0130/part_0010/section_0060/0610-0130-0010-0060.html), checked October 29, 2026
- [Montana Legislature, MCA 27-1-220, Punitive damages](https://mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0020/section_0200/0270-0010-0020-0200.html), checked October 29, 2026
- [Montana Legislature, MCA 2-9-108, Limitation on governmental liability for damages in tort](https://mca.legmt.gov/bills/mca/title_0020/chapter_0090/part_0010/section_0080/0020-0090-0010-0080.html), checked October 29, 2026
- [State Bar of Montana, Home page](https://www.montanabar.org/), checked October 29, 2026
- [Montana Legislature, MCA 61-6-103 (2025), motor vehicle liability policy limits](https://mca.legmt.gov/bills/mca/title_0610/chapter_0060/part_0010/section_0030/0610-0060-0010-0030.html), checked October 28, 2026
- [Insurance Information Institute, Background on: Compulsory auto/uninsured motorists (financial responsibility limits by state table)](https://www.iii.org/article/background-on-compulsory-auto-uninsured-motorists), checked October 28, 2026
- [Montana Legislature, MCA 33-23-201 (2025), uninsured motorist coverage and rejection by insured](https://mca.legmt.gov/bills/mca/title_0330/chapter_0230/part_0020/section_0010/0330-0230-0020-0010.html), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026