What should I do after a traffic accident in Montana?

Stop immediately, call 911 if anyone is injured, exchange information, document the scene with photos, and report the accident if damage exceeds $1,000 or any injury [§ 61-7-108].

When do I need to report a traffic accident in Montana?

You must report an accident if damage exceeds $1,000 or any injury [§ 61-7-108], if anyone is injured or killed, or if the other driver leaves the scene. Failure to report can result in additional penalties.

Is Montana a fault or no-fault state?

Montana is a At-fault (modified comparative fault — 51% bar) state. This means the at-fault driver's insurance typically pays for damages. Under comparative negligence, your recovery may be reduced by your percentage of fault.

Should I hire an attorney after a traffic accident?

If you suffered injuries, significant property damage, or if fault is disputed, consulting an attorney is advisable. Most personal injury attorneys offer free consultations and work on contingency (no fee unless you win).

Topic guideUpdated 2026-02-27

Montana Traffic Accidents — Reporting & Legal Rights

Q: How long do I have to file a lawsuit after an accident in Montana?

The statute of limitations for personal injury claims from a traffic accident in Montana is 3 years (general tort and personal injury limitations period, Mont. Code § 27-2-204). Property damage claims may have a different deadline. Missing the deadline means you lose the right to sue.

Accident reporting requirements, fault system, statute of limitations, and insurance claims in Montana.

If you are involved in a traffic accident in Montana, you have specific legal obligations and rights. Montana is a At-fault (modified comparative fault — 51% bar) state for accident liability §61-7-108.

What to Do After an Accident

Stop immediately — leaving the scene is a criminal offense

Call 911 if anyone is injured or if damage exceeds $1,000 or any injury

Exchange information with the other driver (name, insurance, license)

Document the scene with photos and notes

Report the accident to law enforcement if required §61-7-108

Seek medical attention even for minor injuries

Notify your insurance company promptly

Accident Reporting Requirements

You must report an accident in Montana if damage exceeds $1,000 or any injury or if anyone is injured or killed §61-7-108.

Fault and Insurance

Montana follows a At-fault (modified comparative fault — 51% bar) system:

	Montana Rules
Fault System	At-fault (modified comparative fault — 51% bar)
Reporting Threshold	$1,000 or any injury §61-7-108
Statute of Limitations	3 years (general tort and personal injury limitations period, Mont. Code § 27-2-204) for personal injury

Statute of Limitations

You have 3 years (general tort and personal injury limitations period, Mont. Code § 27-2-204) from the date of the accident to file a personal injury lawsuit in Montana under the Statute of limitations. Property damage claims may have a different deadline.

✓Even if you think you were partially at fault, consult an attorney. Montana's At-fault (modified comparative fault — 51% bar) system may still allow you to recover damages depending on the circumstances.

Prepare for Your Consultation

Quick checklist (Traffic Violations)

Gather these before your first consultation.

Traffic citation copy

(date, location, violation code)

Driving record / MVR

(point history, prior violations)

Insurance and registration

(proof of coverage, vehicle reg.)

General preparation tips only. Specific needs depend on your state and violation type.

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