Montana Car Accident Law

Montana Car Accident Fault

Montana has adopted the Proportional Comparative Fault at 51% standard of negligence. Proportional Comparative Fault at 51% means that if the injured party is 51% or more at fault for the car accident, he is absolutely barred from recovery for the other driver’s negligence.

MONTANA CAR INSURANCE REQUIREMENTS AND LIMITS

Montana Bodily Injury Liability Minimum Coverage

Personal Injury (single passenger): $25,000 in coverage for injury to an individual.

Personal Injury (multiple passengers): $50,000 in coverage for the driver and passengers in the car at the time of the accident.

Property Damage: $10,000 of minimum coverage.

Montana Small Claims Limit: Car accident claims under $3,000 should be filed in Small Claims Court.

Montana Personal Injury Statute of Limitations: The statute of limitations for personal injury claims in Montana is 3 years from the date the injury occurred.

Montana Statutes Online: Montana Revised Statutes § 11.190 et seq. (Statute of Limitations for Personal Injury); Montana Revised Statutes § 485.185 (Insurance Requirements); Montana Revised Statutes §§ 73.010-.060 (Small Claims Limits); Justice Court Rules of Civil Procedure, Ch. XII, Rules 88- 100 (Small Claims Procedure).

MONTANA CAR ACCIDENT REPORTS

Montana Police Reports: You may obtain a copy of a police car accident report or a self-filed car accident report by completing a Crash Release Form and mailing the Crash Release Form to the Montana Highway Patrol.

DMV: Montana requires that if a car accident occurs in a municipality and results in injury, death, or more than $500 in property damage, you report the car accident to the local police. If the car accident occurs outside of a municipality, you must contact the Montana Highway Patrol if the accident results in injury, death, or more than $1,000 of property damage. In addition, you must file a Crash Report with the Montana Highway Patrol-Montana Department of Justice within 10 days of the accident if the police do not investigate the car accident or file a car accident report.

Insurance Notification: You should promptly notify your auto insurance company of a car accident. In addition, your insurance company may have specific notification requirements, so you should check your insurance policy for these notice requirements.