Car Accident Claims in Montana: What You Need to Know
Montana’s highways see thousands of car accidents every year. From icy winter conditions on Highway 93 through the Flathead Valley to summer tourist traffic near Glacier National Park, Montana drivers face unique road hazards. If you’ve been injured in a car accident, understanding Montana’s fault-based insurance system and legal deadlines is critical to recovering fair compensation.
At Cannon Breck Law, we represent car accident victims throughout Kalispell, Whitefish, Columbia Falls, Polson, and all of Montana.
Montana Is a Fault-Based State
Montana uses a fault-based (tort) system for car accidents. The driver who caused the crash is responsible for paying the damages. After an accident, you have three options:
- File a claim with your own insurer (who may seek reimbursement from the at-fault driver’s insurer)
- File a third-party claim directly with the at-fault driver’s insurance company
- File a personal injury lawsuit in Montana district court
Montana Auto Insurance Requirements
Under MCA § 61-6-301, all Montana drivers must carry minimum liability insurance:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $20,000 per accident for property damage
These minimums are dangerously low. A serious accident with hospitalization can easily exceed $100,000 in medical bills alone. If the at-fault driver carries only the minimum coverage, you may need to rely on your own underinsured motorist (UIM) coverage to make up the difference — another reason why carrying adequate UIM coverage is critical for Montana drivers.
Comparative Negligence
Montana follows a modified comparative negligence rule. Under MCA § 27-1-702, your damages are reduced by your percentage of fault. You can still recover as long as your fault does not exceed 50%. If you are found 51% or more at fault, you recover nothing.
Example: If you suffer $100,000 in damages and are found 20% at fault (for example, you were slightly speeding when the other driver ran a red light), your recovery is reduced to $80,000.
Insurance adjusters routinely try to assign partial fault to victims to reduce payouts. Having an attorney who understands accident reconstruction and Montana traffic law prevents this tactic from succeeding.
Uninsured and Underinsured Motorist Claims
Despite the legal requirement to carry insurance, many Montana drivers are uninsured. Montana’s uninsured motorist rate is among the higher in the nation. If you’re hit by an uninsured driver, your uninsured motorist (UM) coverage pays for your injuries and damages — but you must still prove the other driver’s fault and your damages, just as you would in a claim against their insurer.
When the at-fault driver’s coverage is insufficient to cover your damages, your underinsured motorist (UIM) coverage fills the gap. We strongly recommend Montana drivers carry at least $100,000/$300,000 in UM/UIM coverage.
What to Do After a Montana Car Accident
- Check for injuries and call 911 — Medical attention is the top priority
- Move to safety if possible — Montana law requires vehicles to be moved from travel lanes if they can be safely moved
- Exchange information — Names, insurance, license plate numbers, and driver’s license numbers for all parties
- Document the scene — Photograph vehicle damage, skid marks, traffic signals, road conditions, and any visible injuries
- Get witness information — Names and phone numbers of anyone who saw the accident
- Report to law enforcement — Montana law requires reporting accidents involving injury, death, or property damage exceeding $1,500
- Seek medical evaluation — Even if you feel fine, some injuries (concussions, soft tissue injuries, internal bleeding) may not be immediately apparent
- Do not give recorded statements to the other driver’s insurance company without consulting an attorney
- Contact a car accident attorney — Early legal involvement preserves evidence and prevents costly mistakes
Common Injuries in Montana Car Accidents
- Whiplash and neck injuries — The most common car accident injury, often minimized by insurers despite causing chronic pain
- Traumatic brain injuries — Concussions and more severe brain injuries from head impact or violent jolting
- Back and spinal injuries — Herniated discs, vertebral fractures, and spinal cord damage
- Broken bones — Fractures of the arms, legs, ribs, pelvis, and facial bones
- Internal organ damage — Damage to the liver, spleen, kidneys, or lungs from seatbelt or steering wheel impact
- PTSD and psychological injuries — Anxiety, depression, driving phobia, and post-traumatic stress following serious accidents
Statute of Limitations
Montana’s statute of limitations for car accident personal injury claims is three years from the date of the accident (MCA § 27-2-204). Property damage claims also carry a three-year deadline. Missing this deadline permanently bars your claim.
Damages You Can Recover
- All medical expenses (emergency room, surgery, rehabilitation, future treatment)
- Lost wages (past and future)
- Pain and suffering
- Loss of enjoyment of life
- Property damage (vehicle repair or replacement, personal items)
- Loss of consortium (impact on your relationship with your spouse)
- Punitive damages (in cases involving drunk driving, road rage, or extreme recklessness)
Contact Cannon Breck Law
If you’ve been injured in a car accident in Montana, the personal injury attorneys at Cannon Breck Law will fight to get you the compensation you deserve. We handle cases on a contingency fee basis — you pay nothing unless we recover for you. We serve accident victims throughout Kalispell, Whitefish, Columbia Falls, Polson, and all of Montana.
Call us today for a free consultation.
