What to do after a car accident in Montana
Every rule below is quoted from Montana law or a state agency, with a link. Checked September 17, 2026.
At fault state
The short answer
Montana is an at fault state, also called a tort state. If you cause a crash, your liability insurance pays for the other driver's injuries and property damage, and fault is divided between drivers under Montana's comparative negligence law. You must report a crash to police right away if someone is hurt or killed, or if property damage looks like $1,000 or more. You have 3 years to sue over injuries from a car crash in Montana.
Deadlines in Montana
- 3 years
- to sue for injuriesMCA 27-2-204(1)
- 2 years
- to sue for car or property damageMCA 27-2-207
- 3 years
- for a family to sue after a deathMCA 27-2-204
- 120 days
- to notify the government if a public vehicle or road was involvedMCA 2-9-301
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
After a crash, Montana law says you must stop at the scene, give your name, address and license plate number to the other driver, and give any injured person reasonable help, including getting them to a doctor or hospital.
“render to any person injured in the accident reasonable assistance”
When you must call the police
You must report a crash to police right away if someone is hurt or killed, or if property damage looks like $1,000 or more.
“property damage to an apparent extent of $1,000 or more shall immediately by the quickest means of communication give notice of the accident to the local police department”
In the days after
Whether you must file a report yourself
If a crash killed or injured someone, or caused more than $1,000 in property damage, you must file a written report with the Department of Justice within 10 days, unless a law enforcement officer already investigated and reported it.
“damage to the property of a person in excess of $1,000 is sustained shall, within 10 days after the accident, report the matter in writing to the department”
Getting a copy of the crash report
To get a Montana Highway Patrol crash report, mail a completed Crash Release Form with a 2 dollar non refundable search fee to the Montana Highway Patrol at P.O. Box 117, Boulder, MT 59632. Adding photos costs another $10.
“complete this form and mail it with a $2.00 non-refundable search fee to the address above”
Who pays for the damage
Montana is an at fault state, also called a tort state. If you cause a crash, your liability insurance pays for the other driver's injuries and property damage, and fault is divided between drivers under Montana's comparative negligence law.
“Every Montana driver is required to carry liability insurance on their vehicle. That's the law.”
Insurance rules in Montana
What insurance every driver must carry
Montana's minimum liability insurance limits are $25,000 per person and $50,000 per accident for injury or death, plus $20,000 for property damage.
“$25,000 because of bodily injury to or death of one person in any one accident...$50,000 because of bodily injury to or death of two or more persons in any one accident...$20,000 because of injury to or destruction of property of others in any one accident”
Personal injury protection (PIP)
Montana does not require drivers to carry personal injury protection, known as PIP. State law only requires liability insurance that covers injury and property damage you cause to others.
“$25,000 because of bodily injury to or death of one person in any one accident...$50,000 because of bodily injury to or death of two or more persons in any one accident...$20,000 because of injury to or destruction of property of others in any one accident”
If the other driver has no insurance
Montana insurers must include uninsured motorist coverage on your auto policy unless you reject it in writing.
“The named insured has the right to reject the coverage. Unless the named insured requests the coverage in writing, the coverage need not be provided in or supplemental to a renewal policy when the named insured had rejected the coverage”
Medical payments coverage
Medical payments coverage is optional in Montana. Only liability insurance is legally required; medical payments coverage is an additional coverage you add by rider or endorsement if you want it.
“Every Montana driver is required to carry liability insurance on their vehicle. That's the law.”
If an insurance company treats you unfairly
You can file a complaint against an insurance company online with the Montana Commissioner of Securities and Insurance.
“INSURANCE COMPLAINTS & FRAUD INSURANCE COMPLAINTS Ready for help? Click the button below to file your insurance complaint.”
The deadline rules, word for word
Deadline to sue for injuries
You have 3 years to sue over injuries from a car crash in Montana.
“the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years”
Deadline to sue for car damage
You have 2 years to sue over vehicle or property damage from a crash in Montana.
“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”
Deadline for a wrongful death claim
You have 3 years to sue over a death caused by a crash in Montana. If the death was a homicide, the deadline is 10 years instead.
“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.”
If a government vehicle or road was involved
If a state government vehicle or road was involved, you must present your claim in writing to the Department of Administration before you can sue. The department then has 120 days to respond, and your normal 3 year deadline to sue is paused during that 120 day window.
“All claims against the state arising under the provisions of parts 1 through 3 of this chapter must be presented in writing to the department of administration.”
Sources on this page
Each one was opened and checked on September 17, 2026.
- MCA 61-6-103; MCA 27-1-702
- MCA 61-6-103(1)(b)
- MCA 27-1-702
- MCA 27-2-204(1)
- MCA 27-2-207
- MCA 2-9-301
- MCA 61-7-108
- MCA 61-7-109(1)
- MCA 33-23-201
- MCA 61-7-103; MCA 61-7-105
- MCA 61-7-114 (eligibility to receive a report)
- https://csimt.gov/insurance-complaints-fraud/
- Montana Rules of Professional Conduct, Rule 1.5(c)
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.