Montana at a glance
Montana allows three years for tort actions.[1] A plaintiff whose negligence is greater than the defendants’ cannot recover.[2] Drivers must carry at least $25,000/$50,000 in bodily injury coverage.[3]
Filing deadlines
Mont. Code § 27-2-204(1)
Except as provided in 27-2-216, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.
Source: [1]
In plain English, most injury lawsuits in Montana must be filed within three years.[1]
Shared fault
Mont. Code § 27-1-702
Contributory negligence does not bar recovery in an action by a person or the person’s legal representative to recover damages for negligence resulting in death or injury to the person or property if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought
Source: [2]
This is modified comparative fault, often called the 51% bar. An injured person who is 50% or less at fault can recover damages reduced by their share; one who is more at fault than the parties the statute compares them to cannot recover.
Auto insurance requirements
The Montana Motor Vehicle Division lists the requirement under § 61-6-103 as “$25,000 because of bodily injury to or death of one person in any one accident … $50,000 because of bodily injury to or death of two or more persons in any one accident; and $20,000 because of injury to or destruction of property of others.”[3] Montana is not one of the no-fault states.[4]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Montana?
In plain English, most injury lawsuits in Montana must be filed within three years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Mont. Code § 27-2-204. Montana Legislature. https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0040/0270-0020-0020-0040.html
- Mont. Code § 27-1-702, as quoted in a Montana Supreme Court filing. Montana Judicial Branch. https://juddocumentservice.mt.gov/getDocByCTrackId?DocId=519848
- Montana Motor Vehicle Division. “Vehicle Insurance and Verification.” https://mvdmt.gov/vehicle-insurance-and-verification/
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
