Accidents & Injuries in Montana
Key Montana Law
Montana Code Annotated Section 27-2-204
Montana imposes a three-year statute of limitations for personal injury claims arising from accidents. An injured party must generally file their lawsuit within three years of the date of the accident.
View official statuteProcedural Details in Montana
Montana Agencies & Resources
Montana Commissioner of Securities and Insurance
Regulates insurance companies in Montana and handles consumer complaints about auto and accident insurance.
Montana Motor Vehicle Division
Manages Montana driver licensing, vehicle registration, and accident report records.
State Bar of Montana — Lawyer Referral Service
Provides referrals to Montana-licensed personal injury attorneys.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Montana?
Montana Code Annotated Section 27-2-204 provides a three-year statute of limitations for personal injury claims. Government entity claims may be subject to different notice requirements under MCA 2-9-301. As with all jurisdictions, meeting any applicable notice deadlines for government claims is critically important.
What is Montana's 51% modified comparative fault rule?
Under Montana Code Annotated Section 27-1-702, Montana uses modified comparative fault with a 51% bar. If you are 50% or less at fault, you can recover damages proportionally reduced. If you are found 51% or more at fault, you are completely barred from recovering any compensation from the other party.
Is Montana a no-fault auto insurance state?
No. Montana is a traditional tort (fault-based) state. The at-fault driver's liability insurance compensates injured parties. Montana does not require mandatory personal injury protection (PIP) coverage.
Are there damage caps in Montana accident cases?
Montana does not impose a general cap on compensatory damages for most personal injury accident claims. Punitive damages in Montana require clear and convincing evidence of actual fraud or actual malice under MCA 25-9-411. Government entity claims may be subject to immunity limitations under Montana's Governmental Entities Immunity Act.
Related Accidents & Injuries Scenarios
Can I sue for a rear-end car crash?
Understanding your options after being rear-ended in a car accident.
Can I sue for a slip and fall in a store?
Understanding premises liability when injured in a slip and fall accident at a business.
Can I sue for injuries from a motorcycle accident?
Legal options for motorcyclists injured in accidents caused by other drivers or road conditions.
Can I sue for injuries from a bicycle-vehicle collision?
Legal options for cyclists injured in collisions with motor vehicles or due to dangerous road conditions.
Have a Specific Situation in Montana?
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