Understanding Montana’s Motor Vehicle Accident Laws

Insurance Requirements in Montana

System type: at-fault insurance

Montana follows a traditional “at-fault” insurance system, meaning the driver responsible for causing an accident is legally liable for damages. Victims can seek compensation in three ways:

1. Filing a claim with the at-fault driver’s insurance
2. Filing a claim through their own insurance (if they have coverage)
3. Filing a lawsuit against the at-fault driver

Minimum liability coverage requirements

Montana law mandates all drivers carry at least the following minimum liability insurance:

• $25,000 for bodily injury or death per person
• $50,000 for bodily injury or death per accident (if multiple people are injured)
• $10,000 for property damage per accident

These limits ensure that basic damages, such as medical expenses and vehicle repairs, are covered after an accident. However, severe accidents often exceed these limits, making additional coverage advisable.

Optional coverages

To enhance protection, Montana drivers can opt for additional coverage types:

• Uninsured/Underinsured Motorist (UM/UIM): Covers medical expenses and damages if the at-fault driver has insufficient or no insurance
• Collision Coverage: Pays for damages to your own vehicle, regardless of fault
• Comprehensive Coverage: Covers non-collision-related damages such as theft, vandalism, or natural disasters

Penalties for driving without insurance

Montana doesn’t take kindly to uninsured drivers, and for good reason. Car accidents can cause serious financial and personal hardships, and requiring every driver to carry insurance ensures that victims have a way to recover damages. If you’re caught driving without insurance in Montana, the penalties can escalate quickly, making it a costly mistake that’s best avoided.

For a first offense, you’re looking at a fine of anywhere between $250 and $500, and in some cases, you could even face up to 10 days in jail. While this might seem harsh, it’s meant to deter drivers from taking the risk of going uninsured. If you’re caught again within five years of your first offense, the penalties increase, with fines reaching up to $350, and you could still face another 10 days behind bars.

By the time you reach a third offense, things get significantly more serious. The fine jumps up to $500, and the possibility of jail time increases to six months. This is no longer just a slap on the wrist—it’s a penalty that could severely disrupt your life, especially if you rely on your car for work, school, or daily errands.

Beyond fines and potential jail time, being caught without insurance in Montana can lead to a license suspension. Getting your driving privileges back isn’t as simple as paying the fine—you’ll also need to prove you have insurance by filing an SR-22 certificate, which is essentially a guarantee from your insurer that you are carrying the required coverage. This form must be maintained for a specified period, and on top of that, your insurance premiums will likely skyrocket, as insurers view drivers who require an SR-22 as high-risk.

Skipping insurance might seem like an easy way to save money in the short term, but in Montana, the consequences are severe enough to make it clear that it’s just not worth the risk.

Fault & Negligence Laws in Montana

Comparative negligence rule

Montana follows a modified comparative negligence system.

• Accident victims can recover compensation if they are less than 51% at fault
• Compensation is reduced by the percentage of fault

Example: If a victim is 30% at fault and awarded $50,000 in damages, they will receive $35,000.

Multi-vehicle collisions

Determining fault in multi-car accidents is complex, as multiple drivers may share responsibility. Montana law allows fault to be divided between parties based on their contribution to the crash.

Passenger rights

Passengers injured in Montana car accidents can seek compensation from:

1. The at-fault driver’s insurance (which could be their driver or another driver involved)
2. Their own Uninsured/Underinsured Motorist (UM/UIM) coverage (if applicable)

However, if a passenger’s actions contributed to the crash (e.g., distracting the driver), their compensation may be reduced under Montana’s comparative negligence rule.

Statute of Limitations

Montana law sets strict deadlines for filing lawsuits after an accident:

• Personal Injury Claims: 3 years from the accident date
• Property Damage Claims: 2 years from the accident date
• Wrongful Death Claims: 3 years from the victim’s date of death

Exceptions

• Minors (under 18) have until their 19th birthday to file
• Discovery rule: If injuries aren’t immediately apparent, the statute of limitations may start when injuries are diagnosed
• Defendant leaves Montana: If the at-fault driver leaves the state, the statute of limitations may pause until they return

Failing to file within these deadlines will likely result in case dismissal.

Accident Reporting Requirements

When to report an accident in Montana

Montana law requires drivers to report an accident if it involves:

• Injury or death of any person
• Property damage exceeding $1,000
• A vehicle striking the body of a deceased person

If the accident occurs within a municipality, it must be reported to the local police department. If it happens outside of city limits, drivers must report it to the county sheriff’s office or the nearest Montana Highway Patrol office. 

How to file an accident report

If law enforcement responds to the scene, the investigating officer will file an official crash report. However, if no officer investigates the accident, drivers must submit a written accident report—known as the White Form—to the Montana Department of Justice Motor Vehicle Division (MVD) within 10 days of the accident. The report should include details about the crash, such as the location, involved parties, damages, and any injuries sustained.

The White Form can be submitted via:

• Mail: Montana Highway Patrol, P.O. Box 117, Boulder, MT 59632
• Fax: 406-444-4169
• Email: MHPRecords@mt.gov

Failure to report a qualifying accident may result in penalties, including license suspension and potential fines. Additionally, the Montana Department of Justice may require supplemental reports if the initial report lacks sufficient details.

How to access accident reports

Accident reports are critical for insurance claims and legal matters. Drivers or involved parties can request a Montana Highway Patrol crash report by submitting a Crash Release Form along with a $2.00 fee. Requests can only be made via mail, and payment must be in cash, check, or money order—electronic payments are not accepted.

For law enforcement reports:

• Contact the local police department if the crash occurred within city limits.
• For Montana Highway Patrol reports, submit a request to the Montana Highway Patrol Records Department.

Additional considerations:

• If the accident occurs on private property or all parties have left the scene, law enforcement may instruct drivers to file a White Form instead of responding.
• Hit-and-run accidents should be reported to law enforcement immediately
• Drivers involved in a crash resulting in serious injury, death, or substantial property damage should consult with a legal professional to understand their rights and responsibilities.

Medical Coverage Considerations in Montana

Medical expenses after a car accident can escalate quickly, and Montana’s at-fault insurance system places financial responsibility on the driver who caused the crash. However, insurance coverage may not always be sufficient to cover all medical bills, leaving accident victims to explore alternative options.

Understanding the various coverage options—ranging from the at-fault driver’s liability insurance to personal policies like MedPay and UM/UIM coverage—can help accident victims manage costs effectively. If you’re unsure about your coverage or legal options, consulting an insurance expert or personal injury attorney can provide clarity and help maximize compensation.

At-fault driver’s insurance

In most cases, the at-fault driver’s liability insurance is the primary source of coverage for medical expenses. Their bodily injury liability policy is designed to cover hospital bills, doctor visits, rehabilitation, and other necessary treatments for accident victims. However, Montana’s minimum insurance requirements may not always be enough to cover severe injuries. If the at-fault driver carries only the minimum coverage of $25,000 per person, but your medical bills exceed that amount, you may need to seek additional compensation through your own insurance, a settlement negotiation, or a lawsuit.

Medical payments coverage (MedPay)

Unlike liability coverage, Medical Payments Coverage (MedPay) is an optional add-on in Montana that can provide immediate financial relief for accident-related medical expenses. The key advantage of MedPay is that it applies regardless of who was at fault, meaning you can use it for medical costs without waiting for a liability claim to be processed. MedPay policies typically cover amounts ranging from $1,000 to $10,000, helping to pay for emergency medical treatment, ambulance rides, surgeries, and even funeral expenses if necessary. Since MedPay is no-fault coverage, it can also be used in conjunction with other insurance policies, including health insurance.

Uninsured/Underinsured Motorist (UM/UIM) coverage

If the at-fault driver doesn’t have insurance or doesn’t carry enough coverage to pay for your medical bills, Uninsured/Underinsured Motorist (UM/UIM) coverage can step in. UM/UIM coverage is designed to fill in the gaps when the responsible party lacks sufficient funds to cover your injuries. Given that Montana has a significant percentage of uninsured drivers, having this optional coverage can be a lifesaver. It ensures that you don’t have to personally cover expenses caused by a driver who failed to carry the required insurance.

Health insurance as secondary coverage

For accident victims with private health insurance, Medicare, or Medicaid, these policies can help pay for medical expenses not covered by auto insurance. However, it’s important to note that if you receive a settlement or compensation from the at-fault driver, your health insurance provider may place a lien on the settlement. This means that once you receive your compensation, a portion of it may need to be used to reimburse your health insurer for the medical costs they covered. This process, known as subrogation, ensures that insurance companies do not pay for costs that should have been covered by the at-fault driver’s liability insurance.

Workers’ compensation

If you were driving as part of your job when the accident occurred—whether you were a delivery driver, a truck driver, or simply commuting for work-related duties—you may be eligible for workers’ compensation benefits. Workers’ compensation can cover medical expenses, rehabilitation costs, and lost wages if the injury prevents you from returning to work immediately. Unlike auto insurance claims, workers’ compensation claims do not require proving fault, as long as the accident happened while performing job-related duties.

Medical liens and letters of protection

For accident victims who lack immediate funds to pay for medical treatment, hospitals and doctors may place a medical lien on your future settlement. A medical lien allows healthcare providers to treat you upfront, with the agreement that they will be reimbursed once you receive a personal injury settlement or verdict. Another option is a Letter of Protection (LOP), which is typically issued by your attorney to a medical provider, promising payment from your settlement. This allows accident victims to receive necessary treatment without paying out-of-pocket upfront, giving them access to medical care while their injury claim is being resolved.

Compensation Available After a Montana Car Accident

Montana law allows accident victims to seek compensation for their losses, categorized into economic damages, non-economic damages, and punitive damages. The total amount recoverable depends on factors such as injury severity, degree of fault, and available evidence.

Economic damages

Economic damages compensate for financial losses directly caused by the accident. This includes medical expenses such as hospital bills, rehabilitation costs, surgeries, and prescription medications. Victims may also claim lost wages if their injuries prevent them from working, along with future earning capacity if they are permanently disabled. Additionally, economic damages cover property damage, including vehicle repairs or replacement costs if the car is totaled. These damages are quantifiable, relying on bills, receipts, and financial records.

Non-economic damages

Non-economic damages address the physical and emotional toll of an accident. Victims may be eligible for compensation for pain and suffering resulting from serious injuries, as well as emotional distress, including anxiety, depression, or PTSD. If injuries limit a person’s ability to engage in hobbies, social activities, or daily routines, compensation may be available for loss of enjoyment of life. Unlike economic damages, these losses are more subjective and depend on the injury’s severity and long-term impact.

Punitive damages

Punitive damages apply in cases of extreme negligence or intentional misconduct, such as drunk driving, reckless behavior, or acts of intentional harm. Unlike other damages meant to compensate the victim, punitive damages serve as a deterrent to prevent similar conduct. Montana law caps punitive damages at $10 million or three times the amount of compensatory damages, whichever is higher.

Unique Local Considerations

Montana’s diverse climate and rugged geography create unique driving challenges that can increase the risk of accidents. Harsh winters bring heavy snowfall and icy roads, making driving conditions especially dangerous, particularly in the mountains and rural areas. Drivers must be prepared for reduced visibility, slippery roads, and black ice, which can lead to loss of control and collisions. 

Another major concern in Montana is wildlife collisions, as the state has one of the highest deer collision rates in the country. Deer, elk, and even moose frequently cross highways, especially at dawn and dusk, making it crucial for drivers to remain alert and reduce speed in areas known for high wildlife activity. 

Additionally, Montana’s vast and remote landscapes mean that emergency response times can be significantly longer, particularly in isolated regions where medical facilities and law enforcement may be miles away. Drivers in these areas should take extra precautions, carry emergency supplies, and ensure their vehicles are in good condition to handle Montana’s challenging road conditions.

Legal Resources & Contacts

For help after an accident, use these resources:

• Montana Department of Transportation (MDT): www.mdt.mt.gov
• Montana Department of Justice - Motor Vehicle Division: doj.mt.gov
• Montana Highway Patrol: mhp.mt.gov

If you’re dealing with serious injuries or disputes, consulting a Montana personal injury attorney can help you maximize compensation.