Montana law guide
Montana Car Accident Laws, in Plain English
Three years to file, a 51% fault bar, lane filtering that's actually legal, and a dog-bite rule that changes at the city limits — Montana's rules, without the legalese.
This guide is general information, not legal advice, and MT Legal Help is not a law firm. Deadlines and rules vary by situation — a participating Montana law firm can explain what applies to you. No outcome is guaranteed.
Attorney advertising. MT Legal Help is not a law firm and does not provide legal advice. Your information may be shared with a participating Montana law firm for review. No outcome is guaranteed.
Three years — with a government-claim wrinkle
Montana gives most personal injury and wrongful death lawsuits three years (MCA 27-2-204) — property damage claims get only two. Claims against the state or a local government are different: they must first be formally presented under the Montana Tort Claims Act (2-9-301), and damages are capped at $750,000 per claim and $1.5 million per occurrence (2-9-108). Waiting is costly either way — skid marks weather, video gets erased, and witnesses scatter.
The 51% bar: modified comparative negligence
Montana follows modified comparative negligence (27-1-702): you can recover as long as your share of fault is not greater than the combined fault of those you're suing — with any award reduced by your percentage. Cross 51% and recovery is barred. It's exactly why insurers push so hard to shift blame onto you.
Dogs and motorcycles: two rules worth knowing
Montana's dog-bite statute is unusual: inside an incorporated city or town, an owner is strictly liable for an unprovoked bite regardless of the dog's history (27-1-715) — outside city limits, ordinary negligence rules apply. For riders, Montana legalized lane filtering in 2021 (61-8-392): you may pass at 20 mph or less vehicles that are stopped or moving at 10 mph or less, when the lane is wide enough and conditions are safe. Splitting past faster traffic is still illegal.
Reporting a crash — and where the trauma centers are
Montana requires notice to law enforcement immediately, by the quickest means, for a crash involving injury, death, or property damage of $1,000 or more (61-7-108) — and the state's minimum liability limits (25/50/20) are low enough that serious injuries often exceed the at-fault driver's policy. A fact worth knowing: Montana's only two Level I trauma centers are both in Billings, so the most severe cases from western and rural Montana are often flown hours for care — which shows up in medical bills and transport costs. On any claim, a participating Montana law firm can review it for free at the Montana personal injury hub.
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Montana law FAQ
Common questions
How long do I have to file a car accident lawsuit in Montana?
Generally three years from the date of injury — but property-damage claims get two, and claims against a government entity must first be formally presented and are capped by statute. This is general information, not legal advice; a participating Montana law firm can explain the deadlines that apply to you.
What if I was partly at fault?
Montana's modified comparative negligence rule lets you recover as long as your share of fault is not greater than the other side's, with your recovery reduced by your share. A participating Montana law firm can explain how this may apply.
Is this legal advice?
No. MT Legal Help is a legal advertising website, not a law firm. This guide is general information; a participating Montana law firm can review your specific situation for free.
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