Montana Car Accident Reporting Requirements

Your first move when you get into a car accident in Montana is to call law enforcement right away if anyone is hurt or killed, or if damage looks like $1,000 or more. If an officer investigated and reported the crash, you don’t have to file the written report, so be sure to confirm that.  

Keep in mind that reporting a crash isn’t the same as filing an insurance claim or a lawsuit. Each has its own steps and deadlines. For everything else you should do after a crash, see what to do after a car accident in Montana.

When you must call right away

Under Montana Code Annotated 61-7-108, you must give notice right away, by the quickest means available, if you know or should know that a crash:

•         Hurt or killed someone

•         Struck a deceased person’s body

•         Caused apparent property damage of $1,000 or more

The $1,000 line

Under Montana law, you must provide a notice of apparent damage for $1,000 or more. A written report is required when damage exceeds $1,000. Any injury triggers both rules, no matter the dollar amount.

The 10-day written report

A driver in a Montana crash must send a written report to the Montana Department of Justice within 10 days, a requirement if someone is killed or injured, or if damage to a person’s property is more than $1,000.

There’s one big exception. You don’t have to file if an officer investigated and reported the crash. If you’re not sure the officer filed a report, ask the agency. Don’t assume.

Montana law bars a driver’s written report from being used as evidence at trial. Still, be accurate. Giving information you know is false is a crime.

How to get the crash report

Ask the responding officer for the agency name and the report or case number. The report comes from the agency that responded: city police, the sheriff, or the Highway Patrol. The Highway Patrol explains how to request records on its Montana Highway Patrol crash records page.

A report is only one part of the record

A crash report can be useful evidence. It doesn’t automatically decide who is legally at fault. Keep your photos, witness contacts, medical records, towing records, repair estimates, and insurance messages too. Use our Montana car accident evidence checklist.

What if you didn’t report the crash?

Don’t invent or change facts. Contact the right agency to ask what you can still report and write down when you learned the rule applied. Then notify your insurer as required by your policy, and get advice from a Montana car accident lawyer.

Frequently Asked Questions

What is the Montana accident reporting threshold?

Call right away if anyone is hurt or killed, or if damage looks like $1,000 or more. The 10-day written report applies when someone is hurt or killed, or when damage is more than $1,000.

Who do I call after a Montana crash?

Call local police inside a city. Outside a city, call the county sheriff or the nearest Highway Patrol office. Use 911 for injuries or immediate danger.

Do I always have to file a written report within 10 days?

No. You generally don’t need to file one when an officer investigated and reported the crash. If you’re unsure, ask the agency.

Can I leave the scene before police arrive?

Not if someone is hurt or notice is required. Stay until an officer says you can go. You may leave only to get emergency care for someone or to report the crash.

Does reporting the crash start an insurance claim?

No. Tell your insurer separately and follow your policy’s notice terms.

Get a Free Case Review

Not sure your crash had to be reported, or that you filed a report? Call us. We’ll tell you what applies and what to do next.

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, 61-7-110 (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.