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Montana accident law

Montana car accident settlement calculator

Montana is an at-fault state that uses modified comparative negligence, 51% bar. You generally have 3 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Injury lawsuit deadline3 yearsMont. Code Ann. 27-2-204(1) and (2); 27-2-207; 2-9-301 (claims against the State)
Fault ruleModified (51% bar)Mont. Code Ann. 27-1-702
Insurance systemAt-faultNo PIP requirement
Minimum liability25/50/20thousands of dollars

Montana settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Montana: Modified comparative negligence, 51% bar, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Montana attorney about your case.

Montana filing deadlines

ClaimDeadline
Personal injury lawsuit3 years
Vehicle and property damage2 years
Wrongful death3 years
Mont. Code Ann. 27-2-204(1) and (2); 27-2-207; 2-9-301 (claims against the State). Counted from the accident date in most cases.

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.

  1. Montana statute of limitations: Mont. Code Ann. 27-2-204(1) and (2); 27-2-207; 2-9-301 (claims against the State)
  2. Montana comparative fault: Mont. Code Ann. 27-1-702
  3. Montana insurance system: MCA 61-6-103
  4. Montana damage caps: MCA 27-1-220(3)
  5. Montana dog bite liability: Mont. Code Ann. 27-1-715