Montana Car Accident Compensation Laws

Montana car accident laws are about average for recovering damages after a car crash. Their at-fault system means drivers must prove the other driver was responsible for the accident to recover damages. Montana's modified comparative negligence system means drivers can recover even if they were partially responsible.

Montana laws are easier to understand with some legal guidance. After an auto accident, contact an experienced attorney for help with your insurance claim and an explanation of Montana's liability insurance laws.

Montana Car Accident Compensation Laws

Montana is an at-fault state. Under the at-fault, or "tort" system, drivers can sue the other driver's insurance company to recover damages after an accident. Depending on the at-fault driver's insurance policy, there may be other steps you must take to file your claim.

Before determining fault, insurance adjusters review evidence about the case, including police reports, medical records, and witness statements. Once the insurance company determines fault, it will pay according to Montana's comparative negligence rule.

Montana requires all drivers to carry minimum liability insurance. Minimum coverage requirements are:

• $25,000 bodily injury liability per person
• $50,000 bodily injury liability per accident
• $20,000 property damage liability per accident

Unlike some states, Montana does not require drivers to have personal injury protection (PIP) coverage or Uninsured/Underinsured Motorist (UI/UIM) coverage. These types of insurance let you make a claim with your own insurance company if the other driver does not have insurance.

Modified Comparative Negligence

Montana follows a modified comparative negligence rule, sometimes called the "51% Bar Rule." Under this rule, drivers who are 50% or less at fault for the accident may still recover damages. The percentage of fault reduces their recovery amount. For instance, a driver who is 20% at fault can only recover 80% of their damages.

Drivers who are more than 51% at fault cannot recover in a car accident lawsuit. Montana's laws are similar to those of most other states. A few states use a "pure" comparative negligence rule that lets drivers recover no matter what their percentage of fault. Even fewer follow a "contributory negligence" rule, where any fault prevents a driver from recovering damages.

Damages and Limits

The types of damages available in a car accident case are "consequential" damages. Accident victims must show that they suffered tangible and intangible injuries from the accident. There are two general kinds of damages you may claim.

Economic damages are anything with a dollar value and include:

• Medical expenses, hospital bills, and related costs
• Lost wages and income
• Property damage

Non-economic damages are less easy to evaluate and can include:

• Pain and suffering
• Emotional distress
• Disability and disfigurement
• Loss of consortium

Courts may award punitive damages for personal injury claims where the defendant acted with gross negligence or willful intent. The standard of proof for punitive damages is higher than for consequential damages.

Limits

Montana has two statutes of limitation relevant to motor vehicle accidents. The time limit for filing personal injury lawsuits is three years from the date of the accident. The statute of limitations for property damage lawsuits is only two years.

Montana has no cap on economic or non-economic damages. Courts usually keep the awards within the reasonable amount of the stated injuries. For serious injuries and wrongful death, courts use other calculations.

Punitive damages have a statutory limit of the lesser of $10 million or 3% of the defendant's net worth.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Get Legal Advice From a Montana Personal Injury Attorney

Plaintiffs making a car accident claim should consider Montana's 51% Bar Rule and the lack of limits on accident damages when filing their insurance claim. Get legal advice from an experienced Montana car accident attorney before sending in any documentation.