Montana · Deadline to sue · Updated Oct 2026
Deadline to sue after a car accident in Montana
Time limits, government claims and a calculator.
Short answer
In Montana, you generally have 2 years to sue for car damage and 3 years for an injury, counted from the crash. 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).
- Property damage (your car)
- 2 years
- Injury
- 3 years
- Law
- Mont. Code Ann. §§ 27-2-207 (property, 2 years), 27-2-204 (injury, 3 years)
- Small claims limit
- $7,000
Claims against a government in Montana
- 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).
Shorter time limits to watch in Montana
- Crash report: 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.
More facts for Montana
- Injury claims have 3 years, but property damage claims have only 2 years (Mont. Code Ann. §§ 27-2-204, 27-2-207).
Deadline to sue in Montana
Protecting your deadline in Montana
- Your earliest deadline in Montana: 2 years.
- If a government was involved, act fast. 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).
- Small claims, for car damage up to $7,000: Montana small claims guide on Small Claims Map
- Don't wait for the insurer: talks with an adjuster don't stop the clock.
Free help in Montana
Questions about deadlines to sue in Montana
How long do you have to sue for an injury after a car accident in Montana?
3 years from the crash (Mont. Code Ann. §§ 27-2-207 (property, 2 years), 27-2-204 (injury, 3 years)).
How long do you have to sue for car damage after an accident in Montana?
2 years from the crash (Mont. Code Ann. §§ 27-2-207 (property, 2 years), 27-2-204 (injury, 3 years)).
How do claims against a government work in Montana?
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).
What is the small claims limit in Montana?
$7,000 (Justice Court small claims).
More for Montana drivers
- All car accident rules in Montana
- Comparative fault
- Reporting a crash
- Uninsured driver
- Deadlines to sue in every state
- Small claims court for car damage
- Fault and payout explainer
- Insurance claim letter
- Police report request letter
Nearby states
- Mont. Code Ann. § 61-7-108 (immediate notice)
- Mont. Code Ann. § 61-7-109 (written reports)
- Mont. Code Ann. § 61-6-103 (minimum limits)
- Mont. Code Ann. § 61-6-304 (penalties)
- Mont. Code Ann. § 33-23-201 (uninsured motorist coverage)
- Mont. Code Ann. § 27-1-702 (comparative negligence)
- Mont. Code Ann. § 27-2-204 (tort, 3 years)
- Mont. Code Ann. § 27-2-207 (property, 2 years)
- Mont. Code Ann. § 2-9-301 (claims against the state)
- Mont. Code Ann. § 33-18-201 (unfair claim settlement practices)
- Montana CSI: Auto insurance
- Montana CSI: File a complaint
Last checked: Oct 24, 2026.