Montana · Comparative fault · Updated Oct 2026

Comparative fault in Montana: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Montana, the law behind it and how insurers apply it.

Short answer

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).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault 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)
Insurance system
Fault (tort)

Insurance and small claims in Montana

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.

Small claims limit for car damage in Montana: $7,000 (Justice Court small claims). Montana small claims guide on Small Claims Map

How fast an insurer must handle a claim in Montana

  • 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.

If the insurer says you were partly at fault

  1. Get the police report. Ask the agency that handled the crash (city police, county sheriff or Montana Highway Patrol) for a copy of the report. Reporting a crash in Montana and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Montana Commissioner of Securities and Insurance (CSI).
  4. Sue before the deadline: 2 years for property damage and 3 years for injury. Deadlines to sue in Montana, with the calculator

Who pays in Montana: fault and payout explainer

Modified comparative fault (51% bar)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).

Free help in Montana

Questions about comparative fault in Montana

Is Montana a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. 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)

Where can I complain if an insurer blames me unfairly in Montana?

Montana Commissioner of Securities and Insurance (CSI): https://csimt.gov/file-a-complaint/ · 1-800-332-6148

How fast must an insurer handle a car insurance claim in Montana?

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.

How do I get 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.

More for Montana drivers

Nearby states

Sources

Last checked: Oct 24, 2026.