Do I need a lawyer 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.
The short answer
We can't tell you whether you need a lawyer. We can show you the Montana rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
Montana uses modified comparative negligence with a bar at 51 percent. You can recover damages if your share of fault is not greater than the other driver's, but your award is reduced by your percentage of fault. If your fault is greater than the other driver's, you recover nothing.
“Contributory negligence does not bar recovery...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.”
How long you have
- 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
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”
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.”
How injury lawyers charge in Montana
Contingency fee rules
Montana does not cap the percentage a lawyer can charge in a personal injury case. A contingency fee agreement must be in writing, signed by the client, and it must state how the fee will be calculated.
“A contingent fee agreement shall be in a writing signed by the client and shall state the method by which the fee is to be determined”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
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.”
Sources on this page
Each one was opened and checked on September 17, 2026.
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.