Montana car accident laws

Last checked 1 July 2026

Montana’s deadline and fault rule are fairly standard, but its insurance requirements have a genuine gap: unlike most states, Montana doesn’t legally require PIP or uninsured/underinsured motorist coverage.

If you're hit by an uninsured driver in Montana, there's no legal requirement that you already have coverage to fall back on — that protection is entirely optional here.

Montana car accident laws at a glance

Montana car accident rules, what applies and the statute

Rule	What applies in Montana	Statute	Detail
Deadline to file an injury lawsuit	3 years (2 for property damage)	Mont. Code §27-2-204	Read more
Fault rule	Modified comparative negligence, 51% bar	Mont. Code §27-1-702	Read more
Insurance system and minimums	Mandatory liability only — no PIP or UM requirement	Mont. Code §61-6-103	Read more
Notice to a government body	Varies by body, see the section	See the section	Read more
Wrongful death deadline	Three years from the date of death	See the section	Read more

Last checked 1 July 2026. Each row links to the section that explains it, with the statute.

How long do I have to file a car accident lawsuit in Montana?

Under Mont. Code §27-2-204, you generally have three years from the date of the accident to file a personal injury lawsuit. Property damage claims have a shorter, two-year deadline. Wrongful death claims carry a three-year deadline, running from the date of death.

What if I was partly at fault in Montana?

Under Mont. Code §27-1-702, you can recover damages if your fault is not greater than the combined fault of everyone else responsible, reduced by your percentage. At 51% or more, you recover nothing.

What car insurance does Montana require?

Montana is an at-fault state. Minimum liability limits are 25/50/20: $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage. Distinctively, Montana does not legally require PIP or uninsured/underinsured motorist coverage — both are purely optional add-ons here, unlike most states where UM coverage is at least offered by default.

RelatedCar accident with no insuranceHow UM/UIM coverage works when the other driver can’t pay.

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Montana’s rule still lets you recover 60% of your damages, and even at exactly 50% you still recover half. But at 51% or more, the claim is barred entirely — not reduced, eliminated. That one-point difference between 50% and 51% is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

What mistake should I avoid after a crash in Montana?

Because a single percentage point at the 51% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

What if a government vehicle or agency was involved?

Montana requires written notice of claim within 180 days of the accident (MCA §2-9-302) — a much shorter window than the standard 3-year personal injury deadline that otherwise applies here. Negotiating with an insurer, government or otherwise, doesn’t pause this clock, so identifying whether a government vehicle or employee was involved early is particularly important given how much shorter this deadline is than what most people expect going in.

What is the deadline if the crash caused a death?

Montana gives three years from the date of death for a wrongful death claim (Mont. Code §27-2-204(2)) — extending to ten years if the death resulted from a criminal homicide. The estate’s personal representative files as a trustee and must distribute any recovery to the decedent’s heirs; Montana places no general cap on damages. One notable limitation: parents of a deceased adult child can only recover if they can show an unusually close, interdependent relationship, not just the family tie itself.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don’t decide what the claim is actually worth, or whether it’s worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Montana law makes a lawyer worth it for your specific situation.

When should I talk to a lawyer in Montana?

Given Montana’s gap in mandatory UM coverage, checking your own policy before an accident — and getting advice quickly after one, if the other driver turns out to be uninsured — is worth doing.