Montana filing deadlines
| Claim | Deadline |
|---|---|
| Personal injury lawsuit | 3 years |
| Vehicle and property damage | 2 years |
| Wrongful death | 3 years |
Wrongful death resulting from homicide: 10 years. Property damage: 'Within 2 years... injury to or waste or trespass on real or personal property' (27-2-207). Claims against the State must first be presented to the Department of Administration, which has 120 days to act (limitations tolled 120 days); claims against political subdivisions are presented to the clerk or secretary (2-9-301). No separate short notice deadline was identified, so govNotice is null.
If you were partly at fault
Montana follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.
- With $100,000 in damages and 30% of the fault, you would recover $70,000.
- With 55% of the fault, you would recover $0, because the rule bars your claim.
Plaintiff may recover at 50% fault or less, compared with the combined negligence of all defendants. A contingent version (comparative 'fault', including nonparties) exists in the code but its effectiveness depends on a contingency under Ch. 429, L. 1997; both versions use the 'not greater than' bar.
Source: Mont. Code Ann. 27-1-702. Compare all states in the comparative negligence table.
At-fault (tort) state
In Montana the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.
Montana is a tort state with compulsory liability insurance; no PIP requirement.
Minimum car insurance in Montana
$25,000 per person and $50,000 per accident for injuries, $20,000 for property damage. Uninsured motorist coverage is optional or can be rejected in writing.
Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. MCA 33-23-201 is titled 'Motor vehicle liability policies to include uninsured motorist coverage -- rejection by insured': UM must be included but the named insured may reject it.
Damage caps
Montana does not cap pain and suffering in ordinary car accident cases. Punitive damages: Capped at the lesser of $10 million or 3% of the defendant's net worth (not applicable to class actions).
Dog bite law
Mixed rule.
Source: Mont. Code Ann. 27-1-715. Estimate a claim with the dog bite calculator.
Frequently asked questions
How long do I have to file a car accident claim in Montana?
3 years from the accident for an injury lawsuit and 2 years for vehicle damage (Mont. Code Ann. 27-2-204(1) and (2); 27-2-207; 2-9-301 (claims against the State)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.
Is Montana a no-fault state?
No. Montana is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.
What happens if I was partly at fault in Montana?
Montana follows modified comparative negligence, 51% bar (Mont. Code Ann. 27-1-702). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.
What is the minimum car insurance in Montana?
$25,000 per person and $50,000 per accident for injuries, $20,000 for property damage (25/50/20).
Does Montana cap pain and suffering damages?
Not in ordinary car accident cases.
Sources
Checked against official Montana sources November 5, 2026.