By Serdar Arslan, editor · Last reviewed · How we research
Montana sets different deadlines for injuries and vehicle damage, which catches people out: 3 years to sue for personal injury but only 2 years for damage to your car or other property. Wrongful death claims generally have 3 years, extending to 10 years if the death resulted from a homicide.
If a state or local government vehicle was involved, special notice and filing rules apply, and recovery against a governmental entity is limited to $750,000 per claim and $1.5 million per occurrence. Montana uses a modified comparative fault rule, so you recover nothing if your fault is greater than the combined fault of those you sue. Drivers must carry at least 25/50/20 in liability coverage. Law enforcement must be contacted for crashes with injury, death or more than $1,000 in property damage, and if no officer investigated, you may be asked to file a White Form self-report within 10 days. A Highway Patrol crash report costs just $2 by mail. Montana recorded 206 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 3 years from the date of the crash Source: Mont. Code Ann. § 27-2-204(1) |
|---|---|
| Property damage deadline | Generally 2 years for damage to your vehicle or other property Source: Mont. Code Ann. § 27-2-207(1) |
| Wrongful death deadline | Generally 3 years (10 years if the death resulted from a homicide) Source: Mont. Code Ann. § 27-2-204(2) |
| Claims against a government entity | Claims against the state or local governments are subject to special notice and filing rules, and recovery against a governmental entity is limited to $750,000 per claim and $1.5 million per occurrence. Check the current rules quickly if a government vehicle was involved. Source: Mont. Code Ann. § 2-9-108 |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if your fault is greater than the combined fault of those you are suing. Source: Mont. Code Ann. § 27-1-702 |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $20,000 property damage Source: Mont. Code Ann. § 61-6-103(1)(b) |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | No general cap on compensatory damages in ordinary car accident cases. Claims against governmental entities are capped at $750,000 per claim and $1.5 million per occurrence (Mont. Code Ann. § 2-9-108). Punitive damages have separate statutory limits; check the statute or ask a licensed attorney. |
| Reporting a crash | You must contact law enforcement for a crash that causes injury, death or more than $1,000 in property damage. If no officer investigated (for example, on private property), you may be asked to file a self-report (White Form) within 10 days. Source: Mont. Code Ann. § 61-7-109 |
Getting your crash report in Montana
For Montana Highway Patrol crashes, mail a Crash Release Form with a $2 fee (cash, check or money order). Requests are not processed online. People named in the report, anyone injured, and their authorized agents can request it. For city or county crashes, ask that police or sheriff's office. Official request page
Checking a Montana lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: State Bar of Montana – Attorney Directory
- Lawyer referral: State Bar of Montana – Licensed Lawyer Montana referral service
206 people died in motor vehicle crashes in Montana in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›Why is the Montana deadline shorter for my car than my injuries?
Montana sets 3 years for personal injury claims (Mont. Code Ann. § 27-2-204(1)) but generally 2 years for damage to your vehicle or other property (§ 27-2-207(1)). If you plan to claim both, the property deadline arrives first.
›Is there a longer deadline for a death caused by a homicide?
Yes. Wrongful death claims generally have 3 years, but the period is 10 years if the death resulted from a homicide (Mont. Code Ann. § 27-2-204(2)).
›How much can I recover from the state or a county?
Recovery against a governmental entity is limited to $750,000 per claim and $1.5 million per occurrence (Mont. Code Ann. § 2-9-108). Special notice and filing rules also apply, so check them quickly if a government vehicle was involved.
›What is the White Form?
It is a self-report you may be asked to file within 10 days when no officer investigated a reportable crash, for example one on private property. You must contact law enforcement for any crash with injury, death or more than $1,000 in property damage (Mont. Code Ann. § 61-7-109).
›Can I still recover if I was partly at fault in Montana?
Yes, as long as your fault is not greater than the combined fault of those you are suing. Your damages are reduced by your percentage of fault (Mont. Code Ann. § 27-1-702).
Sources
- Mont. Code Ann. § 27-2-204 (Montana Legislature)
- Mont. Code Ann. § 27-2-207 (Montana Legislature)
- Mont. Code Ann. § 27-1-702 (Montana Legislature)
- Mont. Code Ann. § 61-6-103 (Montana Legislature)
- Mont. Code Ann. § 2-9-108 (2005 edition, Montana Legislature)
- Montana DOJ – Highway Patrol Crash Records
- State Bar of Montana – For the Public
- NHTSA FARS – State crashes and all victims