Accident Settlement Calculator

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Montana Car Accident Settlement Calculator

In Montana, you generally have 3 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a Montana claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Montana rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

Montana uses modified comparative negligence: an injured person can recover as long as their negligence is not greater than the combined negligence of the persons they sue (so 50 percent or less), with damages reduced by their percentage of fault. At 51 percent or more, they recover nothing. Fault can also be apportioned to released persons and certain nonparties (MCA 27-1-703).

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Deadline to file a lawsuit3 years from the accident
Details & exceptions

MCA 27-2-204(1): 3 years for tort actions on a liability not founded on a written instrument, which covers negligence personal injury claims. 27-2-204(2): 3 years for wrongful death. 27-2-207(1)-(2): 2 years for injury to real or personal property, including vehicle damage. The October 1, 2026 version of 27-2-204 (Ch. 709, L. 2025) only adds a cross-reference to the new 27-2-219 (gender transition treatment of minors) and does not change the 3-year period for auto claims. Claims against the State must first be presented in writing to the Department of Administration, which has 120 days to act; presentation tolls the limitation period for 120 days (MCA 2-9-301). Claims against political subdivisions must be presented to the clerk or secretary of the political subdivision. Damages against the State and political subdivisions are capped at $750,000 per claim and $1,500,000 per occurrence (MCA 2-9-108).

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Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $20,000. MCA 61-6-103(1)(b): $25,000 for bodily injury to or death of one person, $50,000 for two or more persons, and $20,000 for property damage in any one accident. The Montana Commissioner of Securities and Insurance (CSI) auto page gives the same 25/50/20 minimums. The $20,000 property damage amount was set by HB 375 of 2015 (Ch. 216, L. 2015), which the statute history lists as the last amendment. A Legislative Services history document confirms HB 375 raised the property damage minimum. HB 205 (2023), a proposal to raise property damage to $50,000, is not reflected in the MCA 2025 text, so it was not enacted.

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Who pays your medical billsThe at-fault driver's insuranceSee all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. There is no cap on noneconomic damages in ordinary auto injury cases against private defendants. MCA 25-9-411 caps noneconomic damages only in malpractice claims against health care providers. HB 195 of 2025 (Ch. 34, L. 2025) raised that cap from $250,000 to $300,000 (Mar. 27, 2025) and then $350,000 (Jan. 1, 2026), rising to $500,000 by 2029 and by 2 percent a year from 2030. Claims against the State and political subdivisions are capped at $750,000 per claim and $1,500,000 per occurrence for all damages, not just noneconomic damages (MCA 2-9-108). Related evidence rule: MCA 61-13-106 makes seat belt use or nonuse inadmissible in civil actions for injury or property damage from motor vehicle use. No 2025 bill changing that rule was found.

Uninsured motorist coverageOptional
Details & exceptions

MCA 33-23-201(1): a motor vehicle liability policy may not be issued in Montana unless it includes uninsured motorist coverage at the 61-6-103 bodily injury limits (25/50). Under 33-23-201(2), however, the named insured has 'the right to reject the coverage'. A rejection on a prior policy from the same insurer carries over to renewals unless the insured asks for the coverage in writing. UM is therefore included by default but can be declined, not mandatory. The CSI page says you get UM coverage unless you sign a form saying you do not want it. No statute requiring UIM coverage to be included or offered was found.

Worked example: a typical Montana car accident claim

Another driver turned left into you at an intersection in Montana: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$32,000 – $48,000Montana uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  5. Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.

You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Montana

The 3-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public roadNo separate notice deadline (claim first, within 3 years)

Before suing the State, file a written claim with the Department of Administration; it has 120 days to decide, and that time pauses the deadline. Claims against a city or county are filed with its clerk or secretary. The normal 3-year limit still applies.

MCA 2-9-301, Presentation of claims (Montana Legislature)

If the injured person is a child

Time while the injured person is under 18 does not count, so the 3-year clock (2 years for vehicle damage) generally starts at age 18.

MCA 27-2-401, Tolling of statute of limitations (Montana Legislature)

How fast a Montana insurer must respond

Montana insurers must pay or deny a claim within 30 days of proof of loss (60 if they ask for more information), with 10% interest if late. Acknowledgments only need to be 'reasonably prompt' under the Unfair Claim Settlement Practices law.

MCA 33-18-232, Time for payment of claims (Montana Legislature)MCA 33-18-201, Unfair claim settlement practices (Montana Legislature)

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Montana crash

Frequently asked questions

What is a typical car accident settlement in Montana?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a Montana claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Montana.
Is Montana an at-fault or no-fault state for car accidents?
Montana's car insurance system: At-fault (tort).
Is there a cap on pain and suffering in Montana car accident cases?
No general cap for typical car accident injury claims. There is no cap on noneconomic damages in ordinary auto injury cases against private defendants. MCA 25-9-411 caps noneconomic damages only in malpractice claims against health care providers. HB 195 of 2025 (Ch. 34, L. 2025) raised that cap from $250,000 to $300,000 (Mar. 27, 2025) and then $350,000 (Jan. 1, 2026), rising to $500,000 by 2029 and by 2 percent a year from 2030. Claims against the State and political subdivisions are capped at $750,000 per claim and $1,500,000 per occurrence for all damages, not just noneconomic damages (MCA 2-9-108). Related evidence rule: MCA 61-13-106 makes seat belt use or nonuse inadmissible in civil actions for injury or property damage from motor vehicle use. No 2025 bill changing that rule was found.
What happens if I was partly at fault for an accident in Montana?
Montana follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Montana?
Generally 3 years for personal injury and 2 years for property damage. MCA 27-2-204(1): 3 years for tort actions on a liability not founded on a written instrument, which covers negligence personal injury claims. 27-2-204(2): 3 years for wrongful death. 27-2-207(1)-(2): 2 years for injury to real or personal property, including vehicle damage. The October 1, 2026 version of 27-2-204 (Ch. 709, L. 2025) only adds a cross-reference to the new 27-2-219 (gender transition treatment of minors) and does not change the 3-year period for auto claims. Claims against the State must first be presented in writing to the Department of Administration, which has 120 days to act; presentation tolls the limitation period for 120 days (MCA 2-9-301). Claims against political subdivisions must be presented to the clerk or secretary of the political subdivision. Damages against the State and political subdivisions are capped at $750,000 per claim and $1,500,000 per occurrence (MCA 2-9-108).
What is the minimum car insurance in Montana?
$25,000 per person and $50,000 per accident for bodily injury, and $20,000 for property damage. MCA 61-6-103(1)(b): $25,000 for bodily injury to or death of one person, $50,000 for two or more persons, and $20,000 for property damage in any one accident. The Montana Commissioner of Securities and Insurance (CSI) auto page gives the same 25/50/20 minimums. The $20,000 property damage amount was set by HB 375 of 2015 (Ch. 216, L. 2015), which the statute history lists as the last amendment. A Legislative Services history document confirms HB 375 raised the property damage minimum. HB 205 (2023), a proposal to raise property damage to $50,000, is not reflected in the MCA 2025 text, so it was not enacted.
What is the deadline to file a claim against the government in Montana?
No separate notice deadline (claim first, within 3 years). Before suing the State, file a written claim with the Department of Administration; it has 120 days to decide, and that time pauses the deadline. Claims against a city or county are filed with its clerk or secretary. The normal 3-year limit still applies.
How long does an insurance company have to respond to a claim in Montana?
Montana insurers must pay or deny a claim within 30 days of proof of loss (60 if they ask for more information), with 10% interest if late. Acknowledgments only need to be 'reasonably prompt' under the Unfair Claim Settlement Practices law.

Related

Official sources