Montana · Uninsured driver · Updated Oct 2026
Hit by an uninsured driver in Montana: coverage, penalties and what to do
Your coverage, the penalties and how to claim your losses.
Short answer
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). Uninsured motorist coverage must be included in the policy unless you reject it (Montana CSI says you must sign a form to reject it).
- Uninsured motorist (UM) coverage
- Included unless you reject it
- Minimum liability
- 25/50/20
- Insurance system
- Fault (tort)
Uninsured motorist coverage in Montana
- 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).
- Liability minimum
- 25/50/20
- Official text
- Read the official text
Compare every state in the minimum insurance table.
If the other driver has no insurance in Montana
- 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.
Penalties for driving uninsured 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).
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.
Claiming from the uninsured driver in Montana
Small claims limit for car damage in Montana: $7,000 (Justice Court small claims). Montana small claims guide on Small Claims Map
Step by step if an uninsured driver hits you in Montana
- Report the crash to 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. Reporting a crash in Montana and getting the police report
- Write down the other car's plate and get witness names.
- Claim under your uninsured motorist coverage; in Montana it is included unless you reject it.
- If your coverage doesn't pay everything, sue the driver before the deadline: 2 years for property damage and 3 years for injury. Deadlines to sue in Montana, with the calculator
Free help in Montana
Questions about uninsured drivers in Montana
Is uninsured motorist coverage required in Montana?
Uninsured motorist coverage must be included in the policy unless you reject it (Montana CSI says you must sign a form to reject it).
What happens if you drive without 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).
What can I do if an uninsured driver hits me in Montana?
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.
What is the minimum car insurance in Montana?
25/50/20
How long do I have to sue an uninsured driver in Montana?
2 years for property damage and 3 years for injury.
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.
More for Montana drivers
- All car accident rules in Montana
- Comparative fault
- Reporting a crash
- Deadline to sue
- Minimum car insurance in every state
- Guide: hit by an uninsured driver
- Fault and payout explainer
- Deadline calculator
- Insurance claim letter
- Police report request letter
Nearby states
- Montana CSI: Auto insurance
- 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: File a complaint
Last checked: Oct 24, 2026.