Understanding Montana’s Car Accident Laws

Firm News | September 11, 2024

Car accidents can cause lasting impacts. From property damage to personal injury, the effects of a car accident can be devastating. After an accident, you may wonder what your legal options and laws are regarding your accident. Montana has many different laws that affect accident victims.

Car Accident Reporting Laws

In Montana, specific requirements exist regarding whether individuals involved in a car accident must file a police report. Car accident reports must be filed if the crash causes $1,000 or more in property damage, anyone involved is injured, or anyone is killed in the car accident. Beyond the legal requirements, filing an accident report following a car accident is a good idea. The report may be used as evidence in your car accident case and contains valuable information such as the names of the parties involved, license plate numbers, officers’ impressions of the scene, and available witness statements.

Comparative Negligence Laws in Montana

Montana uses a comparative negligence system to assign fault to the parties involved in a motor vehicle accident. In Montana, a plaintiff in a car accident case may recover damages if they are not greater than 50% at fault. This system allows individuals who are partially at fault for a car accident to recover damages despite their portion of the blame.

Statute of Limitations

In Montana, car accident victims must file their legal claim within a legally defined timeframe, known as the statute of limitations. Car accident victims in Montana have three years from the accident date to file a personal injury lawsuit and two years to file a property damage lawsuit. In instances where someone dies as a result of the accident, there’s a three-year window to bring a wrongful death claim that starts on the victim’s death date. If a car accident victim fails to act within the statute of limitations, they will forfeit their right to legal compensation. The statute of limitations only applies to legal claims. Accident victims must comply with insurance companies’ reporting requirements or risk being denied or dropped from coverage.

Insurance Laws

Montana requires drivers to carry minimum liability insurance coverage. The required coverage amounts are:

  • 25,000 because of bodily injury to or death of one person in any one accident and subject to the limit for one person
  • 50,000 because of bodily injury to or death of two or more persons in any one accident
  • 20,000 because of injury to or destruction of property of others in any one accident

Minimum coverage laws ensure that adequate financial protection exists for accident victims. Montana’s at-fault insurance system means that the driver legally responsible for the accident must compensate those injured or have suffered property damage. If you’ve been injured due to someone else’s negligence on the road, you may file an insurance claim or lawsuit against the negligent driver.

Seek Legal Help Today

If you’ve been injured or involved in a car accident, it’s essential to seek legal help as soon as possible and contact a Bozeman car accident attorney. With critical legal requirements and deadlines looming, one false step can cost you your chance at rightful compensation. At Beck, Amsden & Stalpes, we have over a century of collective experience. We know how to traverse the car accident claims process and get victims the money they deserve. Contact us today for a free case evaluation.