Montana car accident law: deadlines, fault and your claim

Filing deadlines in Montana#

Montana's statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary 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.

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 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 tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary, 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.

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.

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 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 coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary: 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 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 damagesPunitive damages. Extra damages meant to punish very bad conduct, not to repay a loss. Many states cap them; Texas calls them exemplary damages. Glossary 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 bodiesSovereign immunity. The rule that governments cannot be sued unless a law allows it. Tort claims acts allow some claims, with limits. Glossary 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.

If an impaired driver caused your crash, our guide to 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. 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 or call the State Bar at (406) 442-7660. Our guide to lawyer referral services explains how these services work, and the claim process guide covers each step of a claim.