Car Accident Claims in Montana
Minimum car insurance in Montana, whether the state is no-fault, how fault is shared, and the deadline to sue after a crash.
Short answer: A driver who knows or reasonably should know they were in a crash that caused injury or death, struck the body of a deceased person, or caused apparent property damage of $1,000 or more must immediately, by the quickest means available, notify the local police (inside a city or town) or… Mont. Code Ann. § 61-7-108
| Reporting a crash to police | A driver who knows or reasonably should know they were in a crash that caused injury or death, struck the body of a deceased person, or caused apparent property damage of $1,000 or more must immediately, by the quickest means available, notify the local police (inside a city or town) or otherwise the county sheriff or the nearest Highway Patrol office. Source: Mont. Code Ann. § 61-7-108 |
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| Crash report to the DMV | If a person is killed or injured, or property damage is more than $1,000, the driver must report the crash in writing to the Department of Justice within 10 days — unless a law enforcement officer investigated and reported it. The department can ask for supplemental reports. The driver's written report cannot be used as evidence at trial. Cities and towns may also require drivers to file crash reports with a city department (Mont. Code Ann. § 61-7-116). Source: Mont. Code Ann. § 61-7-109 |
| Leaving the scene (hit and run) | A driver in a crash involving another person must stop at or as close as possible to the scene and stay until they have given their name, address and vehicle registration number (and shown a license if asked), given reasonable help to anyone injured (including arranging transport for medical care), and — if anyone is injured, killed or incapacitated, or police notice is required — stayed until an on-duty officer gives permission to leave (unless leaving to get emergency care or to notify police). If only roadside property is damaged, the driver must try to find and notify the owner. Basic violations are misdemeanors (first offense: $200–$300 fine or up to 20 days in jail). Leaving a crash that injures someone: 30 days to 1 year in jail and/or a $100–$5,000 fine. Leaving a crash causing serious bodily injury or death: 1 to 10 years in state prison and/or a fine up to $50,000, plus license revocation. Duties: § 61-7-103 (https://mca.legmt.gov/bills/mca/title_0610/chapter_0070/part_0010/section_0030/0610-0070-0010-0030.html) and § 61-7-105 (https://mca.legmt.gov/bills/mca/title_0610/chapter_0070/part_0010/section_0050/0610-0070-0010-0050.html). |
| Minimum car insurance | Owners must continuously carry liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $20,000 for property damage. Mandatory coverage: https://leg.mt.gov/bills/mca/title_0610/chapter_0060/part_0030/section_0010/0610-0060-0030-0010.html |
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence. Source: Mont. Code Ann. § 27-1-702 |
| Deadline to sue for an injury | Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction. |
| Deadline to sue for property damage | Two years for injury to real or personal property, or for taking, detaining or injuring goods. Source: Mont. Code Ann. § 27-2-207 |
More Montana personal injury & wrongful death
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- Wrongful Death Lawsuits in Montana
- Medical Malpractice Rules in Montana
- Dog Bite Liability in Montana
- Slip, Trip and Fall Injuries in Montana
- Sidewalk and Public Property Falls in Montana
- Motorcycle Accident Claims in Montana
- Pedestrian Accident Claims in Montana
- Bicycle Accident Claims in Montana
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FAQ
When do you have to report a car accident to the police in Montana?
A driver who knows or reasonably should know they were in a crash that caused injury or death, struck the body of a deceased person, or caused apparent property damage of $1,000 or more must immediately, by the quickest means available, notify the local police (inside a city or town) or otherwise the county sheriff or the nearest Highway Patrol office.
Do you have to report a car accident to the DMV in Montana?
If a person is killed or injured, or property damage is more than $1,000, the driver must report the crash in writing to the Department of Justice within 10 days — unless a law enforcement officer investigated and reported it. The department can ask for supplemental reports. The driver's written report cannot be used as evidence at trial.
What are your duties after a car accident in Montana?
A driver in a crash involving another person must stop at or as close as possible to the scene and stay until they have given their name, address and vehicle registration number (and shown a license if asked), given reasonable help to anyone injured (including arranging transport for medical care), and — if anyone is injured, killed or incapacitated, or police notice is required — stayed until an on-duty officer gives permission to leave (unless leaving to get emergency care or to notify police). If only roadside property is damaged, the driver must try to find and notify the owner. Basic violations are misdemeanors (first offense: $200–$300 fine or up to 20 days in jail). Leaving a crash that injures someone: 30 days to 1 year in jail and/or a $100–$5,000 fine. Leaving a crash causing serious bodily injury or death: 1 to 10 years in state prison and/or a fine up to $50,000, plus license revocation.
What is the minimum car insurance required in Montana?
Owners must continuously carry liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $20,000 for property damage.
Can you recover damages if you were partly at fault in Montana?
Modified comparative negligence (51% bar). The injured person's negligence does not bar recovery if it was not greater than the negligence of the defendant or the combined negligence of all defendants, but damages are reduced in proportion to the injured person's percentage of negligence.
What is the statute of limitations for personal injury in Montana?
Three years for tort actions in general, including personal injury based on negligence (an action on a liability not founded on a written instrument). Two years for libel, slander, assault, battery, false imprisonment or seduction.
How long do you have to sue for property damage in Montana?
Two years for injury to real or personal property, or for taking, detaining or injuring goods.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.