Car accidents in Montana: what to do and who pays

At the scene and reporting a crash in Montana

Always stop and help anyone who is hurt. Leaving the scene of a crash is a crime in every state.

When to call the police

Call police right away (city police inside a city; otherwise the county sheriff or nearest Highway Patrol office) if anyone is hurt or killed, you hit a deceased person, or property damage looks like $1,000 or more.

Damage amount

$1,000

Report to the state

If someone is hurt or killed or property damage is over $1,000, the driver must send a written report to the Department of Justice within 10 days, unless a law enforcement officer investigated and reported the crash.

Deadline for your report

10 days

Law

Mont. Code Ann. §§ 61-7-108, 61-7-109

Official text

Read the official text

First 24 hours after a crash in Montana

Tick the boxes as you go, or print the list and keep it in your glove box.

Insurance system in Montana

Montana is a fault (tort) state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

System

Fault (tort)

PIP, benefits and when you can sue

No PIP required. Montana requires liability insurance only, so the driver who caused the crash and their insurer pay; their insurer may offer to pay only its driver's share of fault.

Law

Mont. Code Ann. § 61-6-103; Montana CSI: Auto insurance

Official text

Read the official text

Compare every state in the no-fault states table.

Who pays: comparative fault in Montana

Rule

Modified (51% bar)

What it means

In Montana, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Law

Mont. Code Ann. § 27-1-702 (you can recover if your fault is not greater than the other side's; damages are reduced by your share)

Compare every state's rule in the comparative negligence table.

Who pays in Montana: fault and payout explainer

If both drivers share the blame, your state's comparative-fault rule decides whether you can recover and how much. Enter your share of the fault and your total damages to see what the rule means. This is an illustration, not a prediction: insurers, juries and judges decide the percentages.

Minimum insurance in Montana

Liability minimum

25/50/20

Uninsured / underinsured motorist (UM/UIM)

Uninsured motorist coverage must be included in the policy unless you reject it (Montana CSI says you must sign a form to reject it).

Official text

Read the official text

Numbers like 25/50/25 mean $25,000 for injury to one person, $50,000 for all injuries in one crash and $25,000 for property damage. Compare every state in the minimum insurance table.

Getting the police report in Montana

Ask the agency that handled the crash (city police, county sheriff or Montana Highway Patrol) for a copy of the report.

No confirmed online way to order a report in Montana? Ask by mail with our free police report request letter.

Filing a claim and insurer deadlines in Montana

How fast insurers must act

Mont. Code Ann. § 33-18-201 bans insurers, as a general practice, from failing to acknowledge claims promptly, failing to affirm or deny coverage within a reasonable time after proof of loss, and failing to settle in good faith when liability is reasonably clear. No fixed number of days in the statute.

Put your claim in writing. Our free insurance claim letter lists your damages and asks for a written answer.

If the other driver has no insurance in Montana

Driving without insurance: fine of $250-$500 for a first conviction, $350 for a second, and $500 and/or up to 10 days in jail for a third or later; after a second conviction the court takes your registration and plates (Mont. Code Ann. § 61-6-304). Buying insurance after a loss to cover it is insurance fraud (CSI). If the other driver has no insurance, your uninsured motorist coverage (unless you rejected it) can pay for your injuries.

Read what to do if you are hit by an uninsured driver.

Deadlines to sue in Montana

Property damage (your car)

2 years

Injury

3 years

Notes, including claims against a government

A claim against the State of Montana must first be presented in writing to the Department of Administration, which has 120 days to decide; the statute of limitations is paused for those 120 days (Mont. Code Ann. § 2-9-301).

Law

Mont. Code Ann. §§ 27-2-207 (property, 2 years), 27-2-204 (injury, 3 years)

The deadline is the statute of limitations. Insurance claims and talks with an adjuster don't stop it. Compare every state in the deadlines table.

Deadline to sue in Montana

Every state limits how long you have to file a lawsuit after a car crash. This is the statute of limitations. Choose your state, the type of claim and the date of the crash to see the usual deadline and the last day to file. Nothing you type here is sent anywhere.

Small claims for property damage in Montana

Small claims limit

$7,000 (Justice Court small claims).

Montana small claims guide on Small Claims Map

Small claims court can be a way to recover the cost of repairs from the driver who caused the crash. Read how to use small claims for car damage.

Insurance complaints in Montana

If an insurer delays, underpays or denies a claim without a good reason, you can file a complaint with the state insurance regulator:

• Montana Commissioner of Securities and Insurance (CSI) · 1-800-332-6148

Free help in Montana

• Montana Commissioner of Securities and Insurance · 1-800-332-6148

Good to know in Montana

• You must report to police if property damage looks like $1,000 or more, even with no injuries (Mont. Code Ann. § 61-7-108).
• If police did not investigate, the driver must file a written report within 10 days (Mont. Code Ann. § 61-7-109).
• Injury claims have 3 years, but property damage claims have only 2 years (Mont. Code Ann. §§ 27-2-204, 27-2-207).

Free letters

Questions about car accidents in Montana

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