Montana Car Accident Law, Lawyers and Attorneys
UPDATED: February 18, 2020
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident law decisions. Finding trusted and reliable legal advice should be easy. This doesn't influence our content. Our opinions are our own.
Car accidents happen daily in every city and state across the nation. Montana is no exception: nearly 22,000 traffic accidents occurred there in 2008 alone. If you or someone you know has been in a car accident, and you are looking for help, take a look at the links and resources listed below. Of course, if the accident just occurred, or if you have suffered an injury, the first thing to do is call 911 immediately. The information available here on FreeAdvice.com will help you assess your rights and responsibilities after you’ve dealt with any immediate health concerns. Our car accident articles cover issues ranging from claims and fault data, to liability issues and the context behind structured settlements. You can also find rules, laws and other Montana-specific information, as well as links to Montana personal injury attorneys who can evaluate your claim and provide advice on the best course of action.
Montana Car Accident Articles:
How an Auto Accident Insurance Claim Works
What is Your Car Accident Injury Claim Worth
Who is at Fault?
Car Insurance and Auto Accidents: Are You Covered?
What You Can Expect to Recover for Property Damage in Auto Accident Cases
Auto Accidents: Options if You’re at an Impasse with the Insurance Adjusterï¿½
Car Accidents Involving Government-Owned Vehicles and Government Workers
Structured Settlements ï¿½
Do I Need to Contact an Attorney After a Car Accident?
Montana Car Accident Lawyers:
Find an experienced Montana Car Accident Attorney at AttorneyPages.com
Article: How a Personal Injury Lawyer Can Help
Special Rules for Montana Car Accidents:
Montana Fault: Proportional Comparative Fault at 51%
Montana Car Insurance Requirements/Limits: Bodily Injury & Property Damage Liability. The minimum level required by law is:
$25,000 per person for bodily injury
$50,000 per accident for bodily injury
$10,000 per accident for property
Proof of this liability insurance must be kept available in the vehicle at all times, including when registering a vehicle, renewing license plates, or anytime a police officer or the Department of Revenue asks you to show proof of insurance.
Montana Small Claims Limits: $3,000
Montana Personal Injury Statute of Limitations: 3 years
Montana Auto Accidents Involving Government Vehicles: In most cases, government entities receive protection from private lawsuits under a legal doctrine known as “government immunity” or “sovereign immunity.” Despite the name, this doctrine doesn’t necessarily provide complete protection for the government. It may simply mean that you as the plaintiff is held to extra notice requirements. For more information on this type of government protection, follow this link to the FreeAdvice.com article on vehicle accident claims against government entities. Keep in mind that, depending on which government entity, there are frequently special requirements for how long you have to notify them of your claim. See below for some Montana specific details:ï¿½
Requirements for Filing Against Government Entities:
1) For filing against the Federal Government: Use Standard Form 95 and follow the instructions on the back page. The form must be completed and submitted to the appropriate agency within two years after the claim accrues.
2) For filing against the State of Montana: As per the Uniform Accident Reporting Act, any driver must report the accident to the Montana Department of Justice in written form, if the damage exceeds $1,000, or if there are injuries. The form must be submitted within 10 days of the accident. See details of the Uniform Accident Reporting Act for more information on how to properly submit the form.
3) For filing against a Montana county or municipality: The requirements vary with the entity, so you’ll have to contact the specific county or agencies involved. See Montana Personal Injury Venue below for more information on where and how to file a claim.
In dealing with accidents involving government entities and workers, be aware that there are always special notices to be filed against the appropriate government unit responsible, whether in risk management, attorney general’s offices, or local agencies, and the time periods are limited in all cases (as little as 30-180 days). The rules can be confusing, so carefully check the forms linked above before you fill them out, and/or call the Department of Justice directly before filing your claim. Accident claims involving the government can be complicated. Any mistakes in filing or failing to file on time could result in losing your ability to recover for your damages and injuries. Consult an experienced Montana attorney right away to preserve your rights. Also seeCar Accidents Involving Government-Owned Vehicles and Government Workers.
Montana Personal Injury Venue (Where to File Your Lawsuit): In the municipal or justice court located where the defendant (the person you are suing) lives or does business. Alternatively, you might consider filing in a court located where the accident occurred. If you are filing a claim against a government agency and are unsure of which agency is responsible, the most prudent course is to file a separate claim against each, or simply contact a Montana auto accident attorney.