Is Montana a no-fault state?

No. Montana is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is Montana's fault rule for a car accident?

Montana follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.

How long do I have to file an injury claim in Montana?

In Montana the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

Montana · Injury claims

Car accident injury claims in Montana

In Montana, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Montana.

Get started — free

Montana at a glance

Fault rule: Modified comparative — 51% bar
No-fault state?: No
Minimum liability coverage: 25/50/20 — $25K BI per person / $50K BI per accident / $20K PD per accident (Mont. Code Ann. § 61-6-103); UM/UIM mandatorily offered at BI-equal limits under § 33-23-201; MedPay optional
Time limit for an injury claim: 3 years

How fault works in Montana

Mont. Code Ann. § 27-1-702 is a MODIFIED COMPARATIVE 'not greater than 50%' bar statute (VERIFIED correction 2026-05-26): contributory negligence does not bar recovery if not greater than the combined negligence of all persons against whom recovery is sought. Mechanics: a plaintiff at 50% RECOVERS; a plaintiff at 51% is BARRED. Lutz v. National Crane Corp. (Mont. 1994) and Plumb v. Fourth Judicial Dist. Court (Mont. 1996) construe the 'combined negligence' aggregation language. MT joins the modified 51%-bar cluster (FL/TX/MI/PA/NJ/NV/CT/IN/WI/SC/IA/WV/HI/NH/MT). (The Anchor's earlier 'pure comparative per prompt' framing was a verification gap, resolved against pure comparative by the 2026-05-26 .gov-verified correction.) Several liability applies for most defendants.

Paying for injuries in Montana

Montana has NO statutory PIP. MT is an at-fault state; MedPay is optional and policy-language dependent. PI recovery flows through (1) the at-fault driver's BI liability (with § 33-18-242 third-party private right against the tortfeasor's insurer for unfair claims handling — a uniquely MT lever), (2) own MedPay if elected, (3) own UM/UIM if the at-fault driver is uninsured/underinsured, (4) own health insurance subject to subrogation/make-whole.

How Moe handles injury claims in Montana

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Montana’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

Open my Montana case — free See how it works

Montana injury claims — common questions

Is Montana a no-fault state?: No. Montana is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
What is Montana's fault rule for a car accident?: Montana follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
How long do I have to file an injury claim in Montana?: In Montana the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

Learn more

All Montana accident-claim rules · Other states

Sources

This page summarizes Montana’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.