Montana Car Accident Laws and Deadlines

Montana is a fault-based state, so the person who causes a crash can be held responsible for the harm. Most injury lawsuits must be filed within three years, but property damage claims must be filed within two. Check yours early since claims have shorter deadlines or extra steps.

These are the Montana rules most likely to matter after an ordinary passenger-vehicle crash. This page is general information. A lawyer should confirm the law and your deadline for the facts of your claim. If you were just in a crash, start with what to do after a car accident in Montana.

Duties at the scene

After a crash with another person, you must stop and stay at the scene. You must give your name, address, and vehicle registration, and show your driver’s license if asked. You must also help anyone who is hurt, including arranging a ride to a doctor or hospital when treatment is clearly needed.

If someone is hurt, or the crash must be reported, you must stay until an officer gives you permission to leave. You may leave only to get emergency care for someone or to report the crash. Hitting an unattended vehicle or roadside property carries its own notice duties. Leaving early can bring serious legal trouble.

Reporting rules

You must report an accident in Montana because a written report to the Montana Department of Justice is due within 10 days if someone is hurt or killed, or if damage is more than $1,000. You can skip that report when an officer investigated and reported the crash…our guide to Montana car accident reporting requirements has the details.

Fault and shared blame

Montana uses a modified comparative negligence rule. You can still recover if your fault isn’t greater than the combined fault of the people you’re pursuing. Your damages drop by your percentage of fault. See how it works if you’re partly at fault in a Montana car accident.

Seatbelts are covered too. In a civil injury or property damage case from a motor vehicle crash, evidence about whether you wore a belt isn’t admissible, and not wearing one isn’t negligence.

Minimum auto insurance

Montana’s minimum liability limits are:

• $25,000 for injury or death to one person
• $50,000 for injury or death to two or more people in one crash
• $20,000 for property damage

Lawyers call this 25/50/20. A policy can carry higher limits, and, in a serious crash, the minimums run out fast.

Montana policies must also include uninsured motorist bodily-injury coverage at those minimum limits, unless the named insured rejects it. Be sure to check the policy and any rejection form before anyone tells you there’s no coverage. Our guide to uninsured driver accidents in Montana shows how.

Filing deadlines

Deadlines depend on what you’re claiming. These are the general rules:

A general rule isn’t a safe calendar for your claim. Don’t wait for an insurer to remind you of a deadline. Insurers investigate claims, but they don’t represent you. Save your records, find video and witnesses early, and ask for a legal review when injuries or fault are in dispute. If you’re close to a deadline, talk to a Montana car accident lawyer now.

What compensation may include

Depending on the facts and proof, a claim can seek:

• Medical bills
• Lost income
• Reduced earning ability
• Property loss
• Pain
• Physical limits
• Other harm the law recognizes

Fault, causation disputes, insurance limits, liens, and the defendant’s ability to pay can all change the final amount.

Frequently Asked Questions

Is Montana a no-fault state?

No. Montana generally uses a fault-based system for vehicle crashes. The responsible driver’s liability coverage may apply, and your own coverage may also pay some benefits.

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

Most injury claims must be filed within three years. Property damage claims must be filed within two. Exceptions and extra notice rules can apply.

Is the deadline different for property damage?

Yes. Montana gives two years for property damage, including a vehicle. That’s a year shorter than the general injury deadline.

What if a government vehicle hit me?

Start with a written claim. For the state, file with the Department of Administration. For a city or county, file with the clerk or secretary. You can’t sue the state until the department denies the claim, and it’s considered denied after 120 days without an answer.

What are Montana’s minimum insurance limits?

The minimums are 25/50/20: $25,000 for one person’s bodily injury or death, $50,000 for two or more people, and $20,000 for property damage.

Get a Free Case Review

Not sure which deadline applies to you? Ask us before it passes. We’ll review what happened and tell you what the clock looks like for your claim.

Call us any hour at (800) 777-4141 or request your free case review online. Your review is confidential. There are no upfront fees, and we collect attorney fees only if we recover compensation for you.

Sources: MCA 61-7-103, 61-7-105, 61-7-108, 61-7-109, 27-2-204, 27-2-207, 2-9-301, 61-6-103, 33-23-201, 61-13-106 (Montana Code Annotated).

Legal disclaimer: This page gives general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship. Deadlines and outcomes depend on the facts. Past results do not guarantee a similar outcome.