From icy rural highways to city intersections in Billings or Missoula, car accidents in Montana can happen in an instant—and the aftermath can be overwhelming. If you’re involved in a crash, it’s important to understand your rights and responsibilities under Montana law. This guide explains how fault works, what insurance coverage is required, and how long you have to take legal action after a collision.
Montana Is an At-Fault State
Montana follows a fault-based insurance system, meaning the driver who causes the accident is responsible for paying damages. If you’re injured, you can:
- File a claim with your own insurer
- File a third-party claim with the at-fault driver’s insurance
- File a personal injury lawsuit in civil court
Unlike no-fault states, Montana allows you to pursue compensation directly from the responsible party without restrictions.
Modified Comparative Negligence Rule
Montana uses a modified comparative negligence rule with a 51% bar. If you’re found to be 50% or less at fault for the crash, you can recover damages—though your compensation will be reduced by your percentage of fault. If you’re found 51% or more at fault, you cannot recover anything.
For example, if your damages total $100,000 and you’re found 30% at fault, you could still receive $70,000.
Minimum Insurance Requirements in Montana
Montana drivers must carry minimum auto liability insurance coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $20,000 for property damage
Uninsured and underinsured motorist coverage is optional but highly recommended, especially given Montana’s long rural roadways where crashes may involve out-of-state or uninsured drivers.
Statute of Limitations for Car Accident Claims
You have three years from the date of the accident to file a personal injury lawsuit in Montana. For property damage claims, the statute of limitations is two years.
It’s important to act quickly. Waiting too long could result in losing your right to seek compensation through the courts.
When Must You Report a Crash?
In Montana, you are required to report a crash to law enforcement if:
- There is an injury or fatality
- Property damage appears to be $1,000 or more
Additionally, you must file a written report with the Montana Department of Justice if a law enforcement officer doesn’t investigate the scene. Promptly reporting a crash helps preserve evidence and avoid complications with your insurance claim.
What Happens If the Other Driver Is Uninsured?
If the at-fault driver doesn’t have insurance, and you carry uninsured motorist (UM) coverage, your own policy can cover your injuries. This coverage isn’t required in Montana but can be essential for protecting yourself.
Similarly, underinsured motorist (UIM) coverage helps when the other driver’s insurance isn’t enough to pay your total damages.
What Compensation Can You Recover?
If you’re injured in a Montana car accident, you may be entitled to compensation for:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage
- Mental anguish
The more serious and long-lasting your injuries, the more compensation you may be able to recover.
Do Passengers Have the Right to File Claims?
Yes. Passengers can file claims against the at-fault driver, whether it was the driver of the vehicle they were in or another vehicle involved in the crash. If the injuries are significant, a passenger may also be able to seek compensation beyond the limits of the at-fault driver’s insurance through their own UM/UIM coverage.
Do You Need a Lawyer?
Montana’s wide-open roads and rural geography can make it harder to gather crash evidence and pursue claims, especially when accidents happen far from major cities. A car accident lawyer can help collect documentation, speak to witnesses, and work with insurers to secure fair compensation. Many attorneys offer free consultations and only charge fees if they win your case.