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Montana car accident laws
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 injuries and damage.
Montana gives you three years to file a personal injury lawsuit (Mont. Code Ann. § 27-2-204(1)).
The legal minimum liability coverage in Montana is $25,000 per injured person, $50,000 per crash and $20,000 for property (25/50/20).
You can still recover if your fault is no greater than the combined fault of the people you are suing (50% or less), but your award is reduced by your percentage of fault; at 51% or more you recover nothing.
Quoted from Montana statutes and official pages, checked October 2, 2026 · not legal advice
The rules in one table
| Rule | Montana | Source |
|---|---|---|
| Deadline to sue for an injury | Three years from the date the claim accrues (injury); general tort limit for liability not founded on a written instrument | Mont. Code Ann. § 27-2-204(1) |
| Deadline for vehicle damage | Two years for injury to real or personal property, including taking, detaining or injuring goods | Mont. Code Ann. § 27-2-207 |
| Deadline for a wrongful death claim | Three years from the death (ten years if the death was a homicide) | Mont. Code Ann. § 27-2-204(2) |
| Insurance system | at-fault | Mont. Code Ann. § 61-6-301(1)(a) |
| If you were partly at fault | modified comparative (51% bar). You can still recover if your fault is no greater than the combined fault of the people you are suing (50% or less), but your award is reduced by your percentage of fault; at 51% or more you recover nothing. | Mont. Code Ann. § 27-1-702 |
| Minimum liability coverage | $25,000 per person / $50,000 per crash / $20,000 property | Mont. Code Ann. § 61-6-103(1)(b) |
| Dog bites | mixed. The owner is liable for an unprovoked bite without proof the dog was known to be vicious, but only when the victim was in a public place or lawfully on private property inside an incorporated city or town; elsewhere a negligence or one-bite theory applies. | Mont. Code Ann. § 27-1-715 |
Deadlines can be shorter or longer for minors, for injuries found later, and for claims against a government. A lawyer licensed in Montana can tell you the date that applies to you.
Next steps after a Montana crash
How to get a Montana crash report ($2.00 non-refundable search fee per crash report; $10.00 for photos; cash, check or money order only).
Check your deadline and a rough claim range
A filing date and a rough value range for Montana. Both take under a minute.
Questions
How long do you have to sue after a car accident in Montana?
Three years for an injury claim (Mont. Code Ann. § 27-2-204(1)) and two years for vehicle damage. Shorter notice rules can apply to claims against a government.
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 injuries and damage.
Can I recover if I was partly at fault in Montana?
Montana follows modified comparative (51% bar). You can still recover if your fault is no greater than the combined fault of the people you are suing (50% or less), but your award is reduced by your percentage of fault; at 51% or more you recover nothing.
What is the minimum car insurance in Montana?
The legal minimum liability coverage in Montana is $25,000 per injured person, $50,000 per crash and $20,000 for property (25/50/20).
Sources
- Deadline to sue for an injury (Mont. Code Ann. § 27-2-204(1)): leg.mt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0040/0270-0020-00
(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.
- Deadline for vehicle damage (Mont. Code Ann. § 27-2-207): leg.mt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0070/0270-0020-00
Within 2 years is the period prescribed for the commencement of an action for: (1) injury to or waste or trespass on real or personal property; (2) taking, detaining, or injuring any goods or chattels
- Deadline for a wrongful death claim (Mont. Code Ann. § 27-2-204(2)): leg.mt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0040/0270-0020-00
(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.
- Insurance system (Mont. Code Ann. § 61-6-301(1)(a)): leg.mt.gov/bills/mca/title_0610/chapter_0060/part_0030/section_0010/0610-0060-00
an owner of a motor vehicle that is registered and operated in Montana by the owner or with the owner's permission shall continuously provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by maintenance or use of a motor vehicle in an amount not less than that required by 61-6-103
- If you were partly at fault (Mont. Code Ann. § 27-1-702): leg.mt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-00
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.
- Minimum liability coverage (Mont. Code Ann. § 61-6-103(1)(b)): leg.mt.gov/bills/mca/title_0610/chapter_0060/part_0010/section_0030/0610-0060-00
(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.
- Dog bites (Mont. Code Ann. § 27-1-715): mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0150/0270-0010
(1) The owner of a dog that without provocation bites a person or service animal while the person or service animal is on or in a public place or lawfully on or in a private place located within an incorporated city or town is liable for damages that may be suffered by the person or service animal bitten, regardless of the former viciousness of the dog or the owner's knowledge of the viciousness.
Read October 2, 2026. Laws and fees change; the linked page is the authority.