Montana
Montana Car Accident Laws: Fault, Insurance, and Your Claim
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 4 primary sources cited on this page. How we verify our legal content
Montana is an at-fault (tort) state that follows modified comparative negligence with a 51% bar, so the at-fault driver's liability insurer pays your damages and you can recover as long as you are 50% or less at fault, with your award reduced by your share of fault.
Is Montana a no-fault or at-fault state?
Montana is a traditional at-fault (tort) state. When you are injured in a car accident, you pursue compensation through the at-fault driver's liability insurance, not through your own personal injury protection policy. Montana has never adopted a no-fault regime, and there is no statutory PIP requirement forcing injured drivers to look to their own insurer first.
Because Montana imposes no no-fault threshold, there is no verbal or monetary bar you must clear before suing for non-economic damages like pain and suffering. Any injured party may bring a third-party liability claim against the at-fault driver for all damages from the moment of the crash. PIP coverage is not required in Montana. You may optionally purchase Medical Payments (Med-Pay) coverage through your own insurer to cover immediate medical costs regardless of fault, but no PIP or Med-Pay is mandated by state law. Recovery for injuries runs through the at-fault driver's bodily-injury liability coverage, plus your own optional UM/UIM or MedPay if you carry it.
How fault is shared: Montana's negligence rule
Montana follows modified comparative negligence with a 51% bar, codified at . Under this rule, a court assigns each party a percentage of fault for the accident. If your share of fault is 50% or less, you can recover damages, but your award is reduced by your own percentage of fault. If you are found 51% or more at fault, you are completely barred from any recovery.
This rule has significant consequences in multi-car crashes and cases where both drivers share some blame. For example, if a jury awards $80,000 but finds you 25% at fault, you receive $60,000. If the jury finds you 51% at fault, you recover nothing. Insurance adjusters routinely use comparative-fault arguments to reduce offers, so understanding your actual share of responsibility matters before you accept any settlement. The 51% bar (as opposed to the 50% bar used in some states) means you can still recover even if you are equally at fault with the other driver, which is a marginally more plaintiff-friendly threshold.
Minimum car insurance in Montana
Montana law requires all drivers to carry minimum liability coverage of 25/50/20 under (1)(b). That means at least $25,000 for bodily injury or death to any one person, $50,000 for bodily injury or death to all persons in any one accident, and $20,000 for property damage in any one accident. Note that Montana's property-damage minimum is $20,000, which is slightly lower than many states' $25,000 baseline, but higher than some others.
Uninsured motorist (UM) coverage is mandatory in Montana: under , every motor-vehicle liability policy issued in the state must include UM coverage at limits no less than the liability minimums unless the named insured rejects it in writing. That UM coverage stays on your policy by default unless you actively sign a form declining it. Underinsured motorist (UIM) protection is not required by this statute; where UIM coverage exists, it is typically an optional, contract-based add-on rather than a state-mandated minimum. Given that uninsured and underinsured drivers remain a real risk on Montana roads, keeping UM coverage in place, and adding UIM coverage where it is offered, is a practical safeguard. Med-Pay coverage is also available as an optional first-party protection for medical expenses regardless of fault, but it is not required.
How long you have to file: the statute of limitations
Montana gives car-accident victims three years to file a personal-injury or property-damage lawsuit arising from a motor-vehicle collision, under (liability not founded on a written instrument). Both bodily-injury and property-damage claims arising from an ordinary auto negligence case fall under this three-year period.
The clock generally starts running on the date of the crash. Waiting too long is fatal to your case: even one day past the deadline gives the defendant grounds to have your lawsuit dismissed entirely. If your accident involved a government vehicle or a government employee driving on duty, shorter notice-of-claim deadlines under Montana's governmental immunity statutes may apply, so consult an attorney promptly if a government entity was involved. For a broader look at Montana's civil filing deadlines, see the Montana statute of limitations page.
What a Montana car accident claim is worth
The value of a Montana car accident claim depends on your actual economic losses plus non-economic damages, offset by your share of comparative fault under . Economic damages include medical bills (past and future), lost wages, loss of future earning capacity, and property damage. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and inconvenience.
Montana does not impose a statutory cap on non-economic (pain and suffering) damages in ordinary car accident cases, which is favorable for seriously injured plaintiffs. In practice, the at-fault driver's minimum 25/50/20 policy often determines how much money is actually available after a serious crash. If the at-fault driver is uninsured or underinsured, your own UM/UIM coverage fills the gap up to your own policy limits. Montana's 51% comparative-fault bar means any contributory negligence on your part directly reduces your net recovery, but you are not barred unless you are more than half responsible. Use the Montana car accident settlement calculator to estimate a range based on your specific facts.
What to do after a car accident in Montana
The steps you take immediately after a collision can protect both your health and your legal rights. First, move to safety if possible and call 911. Montana law requires you to report accidents resulting in injury, death, or significant property damage to law enforcement. While waiting for police, check on all parties and do not admit fault or apologize, since any statements can be used against you later.
Document the scene thoroughly. Take photos of vehicle positions, damage, skid marks, traffic controls, and any visible injuries. Collect names, contact information, insurance details, and driver's license numbers from all drivers involved, plus contact information from witnesses. If officers respond, get the report number. Seek medical attention as soon as possible, even if you feel fine initially, because symptoms of whiplash, concussion, or soft-tissue injuries often appear hours or days later. Gaps in medical care give insurers grounds to argue your injuries were not serious or were caused by something else. Before you give a recorded statement to the at-fault driver's insurer or accept any settlement offer, speak with a licensed Montana personal-injury attorney. Initial consultations are typically free, and accepting an early offer may permanently release all future claims.
This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Montana.
Related pages: Montana Car Accident Settlement Calculator | Montana Hit-and-Run Laws | Car Accident Laws by State | Montana Statute of Limitations
More Montana Laws
Frequently Asked Questions
Is Montana a no-fault state?
No. Montana is a traditional at-fault (tort) state. There is no no-fault statute and no mandatory PIP coverage. When you are injured in a crash, you recover from the at-fault driver's liability insurer. There is no injury threshold to cross before suing for pain and suffering.
Is Montana an at-fault state for car accidents?
Yes. Montana is a pure at-fault (tort) state. The injured driver pursues a third-party liability claim against the driver who caused the accident. The at-fault driver's insurer is responsible for paying bodily-injury and property-damage claims up to policy limits.
What is the statute of limitations for a car accident in Montana?
Three years from the date of the accident under MCA 27-2-204. Both personal-injury and property-damage claims arising from an auto negligence case fall under this three-year period. Missing the deadline will almost certainly bar your lawsuit entirely.
Can I still recover if I was partly at fault in Montana?
Yes, as long as you are 50% or less at fault. Montana follows modified comparative negligence with a 51% bar under MCA 27-1-702. Your damages are reduced proportionally by your percentage of fault. If you are found 51% or more at fault, you recover nothing.
What are the minimum insurance requirements in Montana?
Montana requires minimum liability coverage of 25/50/20: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $20,000 for property damage (MCA 61-6-103). UM coverage at matching limits is automatically included unless you reject it in writing under MCA 33-23-201; UIM coverage is not mandated by this statute and is typically an optional add-on.
How much is my Montana car accident claim worth?
It depends on your economic losses (medical bills, lost wages, property damage) and non-economic losses (pain and suffering, emotional distress), reduced by your share of comparative fault. Montana does not cap non-economic damages in ordinary car accident cases. Use the Montana car accident settlement calculator for an estimate based on your specific facts.
Is PIP required in Montana?
No. Montana does not require personal injury protection (PIP). There is no no-fault statute requiring PIP. Drivers may optionally purchase Medical Payments (Med-Pay) coverage to cover immediate medical expenses regardless of fault, but no PIP or Med-Pay is mandated by Montana law.
Injured in Montana? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Montana personal-injury attorney. Most work on contingency, so there is no upfront cost.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the claim that Montana's uninsured-motorist statute (MCA 33-23-201) also mandates underinsured-motorist (UIM) coverage; the statute requires only UM coverage, and UIM is a typical optional add-on rather than a statutory minimum.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Montana Code Annotated, Title 27
§ 27-1-702Comparative Negligence -- Extent To Which Contributory Negligence Bars Recovery In Action For DamagesIn forcecited in 4 of our articles
27-1-702. (Temporary) Comparative negligence -- extent to which contributory negligence bars recovery in action for damages. Contributory negligence does not bar recovery in an action by a person or the person's legal representative to recover damages for negligence resulting in death or injury to the person or property if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought, but any damages allowed must be diminished in the proportion to the percentage of negligence attributable to the person recovering. (Terminates on occurrence of contingency--sec. 11(2), Ch. 429, L. 1997.) 27-1-702. (Effective on occurrence of contingency) Comparative fault -- extent to which contributory fault bars recovery in action for damages.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 47 court opinionsMost recently applied by a court: 2026
Leading cases:
- Giambra v. Kelsey (Montana Supreme Court 2007, 338 Mont. 19)“…Reed, 209 Mont. at 203, 680 P.2d at 939. As now codified in § 27-1-702, MCA, in Montana, a plaintiff’s contributor…”
- Peterson v. St. Paul Fire & Marine Insurance (Montana Supreme Court 2010, 357 Mont. 293)“…the jury on “reasonably clear liability” in accordance with § 27-1-702, MCA. The instruction provided, in pertinent…”
- Reed v. Little (Montana Supreme Court 1984, 209 Mont. 199)“…mount of negligence attributable to the person recovering.” Section 27-1-702, MCA. The legislature did not define the e…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Medical Malpractice Laws in Montana (2026): Deadlines & Caps, Motorcycle Accident Laws in Montana (2026): Helmets, Truck Accident Laws in Montana (2026): Deadlines & Liability
§ 27-2-204Tort Actions -- General And Personal InjuryIn forcecited in 6 of our articles
27-2-204. (Temporary) Tort actions -- general and personal injury. (1) Except as provided in 27-2-216, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years. (2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years. (3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years. 27-2-204. (Effective October 1, 2026) Tort actions -- general and personal injury. (1) Except as provided in 27-2-216 and 27-2-219, the period prescribed for the commencement of an action on a liability not founded on an instrument in writing is within 3 years. (2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 137 court opinionsMost recently applied by a court: 2026
Leading cases:
- Stratemeyer v. Lincoln County (Montana Supreme Court 1996, 276 Mont. 67)“…s complaint was filed within three years, as required by § 27-2-204, MCA, Stratemeyer had failed to first file h…”
- Blackburn v. Blue Mountain Women's Clinic (Montana Supreme Court 1997, 286 Mont. 60)“…negligence, to which the statute of limitations codified at § 27-2-204, MCA, applies, against Blue Mountain Clinic,…”
- Erickson v. Croft (Montana Supreme Court 1988, 233 Mont. 146)“…based on negligence must be commenced within three years. Section 27-2-204, MCA. Erickson admits that the statute of li…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Montana Defamation Laws: Libel & Slander (2026), Montana Wrongful Death Laws (2026): Deadlines
Montana Code Annotated, Title 33
§ 33-23-201Motor Vehicle Liability Policies To Include Uninsured Motorist Coverage -- Rejection By InsuredIn force
33-23-201. Motor vehicle liability policies to include uninsured motorist coverage -- rejection by insured. (1) A motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle may not be delivered or issued for delivery in this state, with respect to any motor vehicle registered and principally garaged in this state, unless coverage is provided in the policy or supplemental to the policy, in limits for bodily injury or death set forth in 61-6-103, under provisions filed with and approved by the commissioner, for the protection of persons insured under the policy who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting from the injury, sickness, or disease, caused by an accident arising out of the operation or use of the motor vehicle. An uninsured motor vehicle is a land motor vehicle, the ownership, the maintenance, or the use of which is not insured or bonded for bodily injury liability at the time of the accident.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 30 court opinionsMost recently applied by a court: 2020
Leading cases:
- Wendell v. State Farm Mutual Automobile Insurance (Montana Supreme Court 1999, 293 Mont. 140)“…such coverage is affirmatively rejected by the insured. See Section 33-23-201, MCA. The parties do not dispute that Morehe…”
- Jacobson v. Implement Dealers Mutual Insurance (Montana Supreme Court 1982, 196 Mont. 542)“…mandatory uninsured motorist coverage statute, section 33-23-201, MCA, requires all motor vehicle liability i…”
- Bennett v. State Farm Mutual Automobile Insurance (Montana Supreme Court 1993, 261 Mont. 386)“…1967 enactment of § 40-4403, RCM (1947), the predecessor to § 33-23-201, MCA, which expressed the limitation that no…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Montana Code Annotated, Title 61
§ 61-6-103Motor Vehicle Liability Policy Minimum Limits -- Other RequirementsIn force
61-6-103. Motor vehicle liability policy minimum limits -- other requirements. (1) A motor vehicle liability policy must: (a) designate by explicit description or by appropriate reference all motor vehicles with respect to the coverage to be granted; and (b) insure the person named in the policy and any other person, as insured, using any motor vehicle or motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the United States of America or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows: (i) $25,000 because of bodily injury to or death of one person in any one accident and subject to the limit for one person; (ii) $50,000 because of bodily injury to or death of two or more persons in any one accident; and (iii) $20,000 because of injury to or destruction of property of others in any one accident.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mca.legmt.gov
Cited in 28 court opinionsMost recently applied by a court: 2024
Leading cases:
- Watters v. Guaranty National Insurance (Montana Supreme Court 2000, 300 Mont. 91)“…sputedly exceed mandatory minimum policy limits pursuant to § 61-6-103, MCA, the prompt, fair, and equitable settle…”
- Bain v. Gleason (Montana Supreme Court 1986, 223 Mont. 442)“…The referred-to statute, $ 61-6-103, MCA, contains the following pertinent provi…”
- Fisher v. State Farm Mutual Automobile Insurance (Montana Supreme Court 2013, 371 Mont. 147)“…f our holding that the minimum coverage limits required by §§ 61-6-103, MCA, and 61-6-301, MCA, are applicable to a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- MCA 61-6-103: Mandatory minimum liability limits (25/50/20)(mca.legmt.gov).gov
- MCA 33-23-201: Uninsured motorist coverage, rejection-in-writing rule(mca.legmt.gov).gov
- MCA 27-2-204: Three-year statute of limitations for tort actions(mca.legmt.gov).gov
- MCA 27-1-702: Modified comparative negligence, 51% bar(mca.legmt.gov).gov