Insurance Requirements in Montana

Montana operates under an at-fault insurance system, meaning the driver responsible for a car crash is financially liable for resulting damages. Injured parties can seek compensation by filing a claim with the at-fault driver's insurer, through their own insurance companies where applicable, or by filing a lawsuit directly against the at-fault driver.

Minimum required coverages

All drivers operating a vehicle in Montana must carry the following minimum liability coverage under MCA § 61-6-103:

• Bodily Injury Liability: $25,000 per person / $50,000 per accident
• Property Damage Liability: $20,000 per accident

These figures have been in place since the 2019 legislative session and are unchanged for 2026. Montana's minimum liability insurance limits can be exhausted quickly in serious crashes, and higher voluntary limits are advisable for most drivers.

Uninsured and underinsured motorist coverage (UM/UIM)

Montana does not require UM/UIM coverage, but insurers must offer it. Montana has one of the higher uninsured driver rates in the country, making this optional coverage particularly worth carrying. UM coverage applies when the at-fault driver has no insurance. UIM coverage applies when their limits are insufficient to cover your losses.

Medical Payments (MedPay)

Montana does not require Personal Injury Protection since it is an at-fault state. MedPay is available as an optional add-on that covers medical expenses for you and your passengers regardless of fault, up to the policy limit. It pays without waiting for fault to be determined, making it a practical bridge between a crash and any eventual recovery from the at-fault driver.

Optional coverages

Collision and comprehensive coverage protect your own vehicle and are not required by Montana state law, though lenders typically require both for financed or leased vehicles.

Penalties for non-compliance

Driving without required insurance in Montana carries escalating consequences under MCA § 61-6-304:

• First conviction: Fine of $250 to $500
• Second conviction: Fine of $350; vehicle registration suspended until proof of insurance is provided
• Third or subsequent conviction: Fine of $500 and/or up to 10 days in county jail; vehicle registration suspended
• Fourth or subsequent conviction: Driver’s license surrendered and suspended

Prior convictions within five years count toward the offense tier. Reinstatement of vehicle registration requires proof of insurance filed with the Montana Department of Justice.

Fault & Negligence Laws

Modified comparative fault

Montana follows a modified comparative fault rule under MCA § 27-1-702. An injured party can recover damages as long as their share of fault does not exceed the fault of the negligent driver or other at-fault party. In practice, this means a plaintiff found 50 percent or less at fault can recover, with their compensation reduced proportionally. A plaintiff found more than 50 percent at fault recovers nothing.

For example, if you are found 25 percent at fault and your damages total $80,000, you recover $60,000. If you are found 60 percent at fault for the same crash, you recover nothing.

How fault is determined

Fault is established through police reports, witness statements, physical evidence, dashcam footage, medical records, and accident reconstruction, where needed. Insurance adjusters investigate fault independently and promptly after any significant crash. Under Montana's modified comparative negligence system, any evidence of the injured party's own contribution to the crash directly reduces or eliminates their recovery, which is why early legal representation and careful handling of recorded statements matters.

Multi-vehicle collisions

When more than two parties share responsibility, fault is allocated among all involved. Each defendant is generally liable for their proportionate share of the damages. For more on how fault is allocated in complex multi-party crashes, see our article on comparative and contributory negligence.

Passenger rights

Passengers are generally not considered at fault for a crash and can pursue claims against any at-fault driver involved, including the driver of the vehicle they were traveling in. A passenger whose own conduct contributed to their injury may see their recovery reduced under Montana's comparative fault rule.

Statute of Limitations

The statute of limitations sets the deadline for filing a lawsuit after a motor vehicle accident. Missing the applicable deadline almost always bars the legal claim permanently.

Standard filing deadlines in Montana

• Personal injury: 3 years from the date of the accident
• Property damage: 2 years from the date of the accident
• Wrongful death: 3 years from the date of the car accident victim's death

The state of Montana applies different periods for personal injury and property damage claims arising from the same crash, which is worth noting for claimants who have both a bodily injury claim and a vehicle damage claim. The two-year property damage window is shorter and may expire before the personal injury claim deadline.

Claims against government entities

When a crash involves a government-owned vehicle, a government-maintained road defect, or any other government entity, Montana's Governmental Immunity Act under MCA § 2-9-301 requires filing a claim with the relevant agency before initiating litigation. The agency must be given an opportunity to respond before a lawsuit can proceed. Verify the specific pre-claim notice requirements with the relevant agency or a personal injury lawyer before filing, since deadlines can differ by entity type.

Tolling and exceptions

• Minors: The statute of limitations is tolled during minority under MCA § 27-2-401. A minor generally has the full limitations period from the date they reach 18, giving a child injured in a crash three years from their 18th birthday to file a personal injury claim
• Discovery rule: Where injuries were not immediately apparent, the limitations period may begin from the date the injury was or reasonably should have been discovered
• Defendant absence from state: If the at-fault driver leaves Montana after the crash, the period of their absence may not count toward the limitations period under Montana Code § 27-2-402 (MCA)

MVA Procedures & Police Involvement

When you are required to report an accident

Montana law requires drivers to report an accident when it resulted in injury or death to any person, or when it caused property damage exceeding $1,000. If the accident occurs within city limits, report it to the local police department. If it occurs outside city limits, report it to the county sheriff's office or the nearest Montana Highway Patrol office.

If law enforcement responds to the scene, the attending officer files an official crash report. If no officer investigates and the accident meets the reporting threshold, each driver must file a written accident report with the Montana Department of Justice Motor Vehicle Division within 10 days using the White Form. The form requires basic insurance information, contact details for all parties involved, and a description of the crash.

How to file your White Form

The White Form can be submitted by:

• Mail: Montana Highway Patrol, P.O. Box 117, Boulder, MT 59632
• Fax: (406) 444-4169
• Email: [email protected]

The 10-day deadline runs from the time of the accident. Failure to file a required report can result in license suspension and potential fines.

How to access your car accident report

Crash reports filed by law enforcement can be requested from the Montana Highway Patrol by submitting a Crash Release Form along with a $2.00 fee. Requests must be made by mail with payment in cash, check, or money order. Electronic payments are not accepted. For crashes investigated by a local police department, contact that department directly.

Accident reports are among the first documents insurers and car accident attorneys request. Errors in a report are worth addressing promptly. See our article on what to do if your car accident police report is inaccurate for the steps involved.

Compensation: Types & Limits

Montana does not cap compensatory damages in personal injury cases, meaning injured parties can pursue the full value of their documented losses from the at-fault driver.

Economic damages

Economic damages cover measurable financial losses and are uncapped in Montana car accident cases. They include:

• Medical care expenses, past and future
• Lost income and reduced earning capacity
• Property damage and vehicle repair or replacement costs
• Out-of-pocket expenses directly related to the crash and recovery
• Future care costs where serious injuries require ongoing treatment

Non-economic damages

Non-economic damages address losses that cannot be reduced to a bill or receipt, including pain and suffering, emotional distress, and loss of enjoyment of life. Montana imposes no cap on non-economic damages in personal injury cases arising from vehicle accidents.

A spouse or domestic partner of a seriously injured person may bring a separate loss of consortium claim for the loss of companionship and support. Loss of consortium claims proceed alongside the primary injury claim.

Wrongful death damages

When a crash results in death, surviving family members or the estate may pursue a wrongful death claim under MCA § 27-1-513. Recoverable damages include the financial support the deceased would have provided, funeral and medical expenses, and the loss of companionship and society.

Punitive damages

Punitive damages are available in Montana in cases involving actual fraud or actual malice under MCA § 27-1-221. The cap is the greater of three times the compensatory damages awarded or $10 million, making Montana's punitive damages framework one of the most plaintiff-accessible in the country. Unlike states where the cap formula limits recovery by choosing the smaller of two figures, Montana's "whichever is greater" standard ensures that even in cases with modest compensatory awards, punitive damages can reach $10 million when the conduct warrants it.

Claims against government entities

Montana state agencies and local governments can be sued for negligence under the Governmental Immunity Act. Recovery against government defendants may be subject to procedural limitations and specific damage considerations, depending on the entity and the nature of the claim, making it worth understanding your legal options early. See our article on sovereign immunity and suing the government for the framework.

Medical Payments & Health Coverage

Montana's at-fault system means there is no automatic first-party coverage for medical expenses after a crash. Costs are addressed through a combination of the at-fault driver's liability insurance, your own optional coverages, and health insurance, with the sequencing depending on which coverages you carry.

The at-fault driver's liability insurance

The at-fault driver's bodily injury liability policy is the primary source of coverage for your medical expenses. At Montana's minimum of $25,000 per person, that coverage can be exhausted quickly in serious crashes. When it is, your own coverages become the next resource.

Medical Payments (MedPay)

MedPay is an optional first-party coverage that pays for medical expenses for you and your passengers regardless of fault, up to the policy limit. It pays without waiting for a fault determination, making it practical for covering immediate costs while an insurance claim against the at-fault driver is pending. MedPay can also cover the gap between what the other driver's insurer pays and your actual medical costs.

Health insurance

Once MedPay limits are exhausted or if you do not carry MedPay, your health insurance policy covers ongoing accident-related treatment. Most health insurers will cover accident-related care but may assert a subrogation lien on any settlement or judgment you receive from the at-fault driver. Self-funded employer plans governed by federal ERISA law can assert subrogation rights that Montana state rules cannot limit. Understanding your plan's subrogation terms before settling is important.

Uninsured and underinsured motorist coverage

Montana does not require UM/UIM coverage, and many Montana drivers do not carry it. When the at-fault driver has no insurance or insufficient coverage, UM/UIM becomes the only available recovery source beyond a personal lawsuit against a driver who may have limited assets. Our article on what to do if you're in an accident with an uninsured driver covers how UM claims work in practice.

Medical liens

Healthcare providers may place a medical lien on your injury settlement, requiring reimbursement directly from your recovery before the remaining balance reaches you. Accounting for all outstanding liens before settling ensures you are not left with unexpected obligations after funds are disbursed.

Unique Local Considerations

Winter road conditions

Montana's winters produce some of the most severe driving conditions in the contiguous United States. Ice, snow, and black ice are persistent hazards across mountain passes, rural highways, and even lower-elevation roads during storm periods. Major routes including US-2, US-93, and I-90 through the Rockies carry significant winter crash risk. Fault determinations in weather-related crashes follow Montana's modified comparative fault framework, with courts examining whether each driver adjusted speed and following distance appropriately for the conditions. A driver who maintains highway speeds on an icy road is not insulated from liability because weather was involved.

Wildlife collisions

Montana has one of the highest deer, elk, and moose collision rates in the country, with wildlife crossing active roadways throughout the state, particularly at dawn and dusk and in areas near rivers and tree lines. Wildlife collisions are generally treated as single-vehicle incidents for insurance purposes, with comprehensive coverage rather than liability coverage being the relevant policy for repairing your own vehicle. When a government entity's failure to maintain adequate signage or fencing in a known high-collision corridor contributed to a crash, a government entity claim may be worth exploring, subject to the procedural requirements described in the statute of limitations section above.

Remote roads and emergency response

Montana's vast geography means that emergency response times in rural and backcountry areas can be significantly longer than in populated states. Crashes on remote highways, forest service roads, or mountain passes may involve delays before law enforcement or emergency medical services arrive. This reality has two practical legal implications: the importance of documenting the scene of the accident thoroughly while waiting, and the reality that injury severity in remote crashes can escalate due to delayed treatment in ways that affect both medical costs and damages calculations.

Legal Resources & Contacts

Montana Motor Vehicle Division (MVD)
Handles vehicle registration, driver licensing, insurance verification, and license reinstatement after insurance-related suspensions.

• Website: mvdmt.gov
• Phone: (406) 444-3933

Montana Highway Patrol (MHP)
Responds to accidents on state highways and rural roads. Handles crash report requests for MHP-investigated crashes and receives White Form self-filed accident reports.

• Website: https://dojmt.gov/category/mhp/
• Phone: (406) 444-3780; for emergencies dial 911
• Crash report requests: dojmt.gov/montana-highway-patrol/crash-records
• White Form submissions: [email protected]

Montana Department of Transportation (MDT)
For road condition reports, winter travel advisories, and highway safety information.

• Website: mdt.mt.gov
• Road conditions: mdt.mt.gov/travinfo

Montana Commissioner of Securities and Insurance (CSI)
For insurance complaints, coverage disputes, and questions about insurer conduct or policy requirements.

• Website: csimt.gov
• Consumer hotline: (800) 332-6148

For accident laws in other states, visit our state-specific legal information page.