Montana car accident law: deadlines, fault and insurance

What the cited provisions say

Section 27-2-204, labeled effective October 1, 2026, provides in subsection (1) a period within 3 years for an action on liability not founded on a written instrument, except as provided in 27-2-216 and 27-2-219. Section 27-2-204(2) provides a period within 3 years for damages for death caused by another's wrongful act or neglect, except that wrongful death resulting from homicide has a period within 10 years. Section 27-2-204(3) separately prescribes within 2 years for the listed actions, including assault and battery.^{[1][2][3][4][5][6]}

The temporary version of § 27-1-702 provides that contributory negligence does not bar recovery for negligence resulting in death or personal or property injury when it is not greater than the negligence of the person, or combined negligence of all persons, against whom recovery is sought. That version of § 27-1-702 also requires allowed damages to be reduced in proportion to the percentage of negligence attributable to the person recovering.^{[1][2][3][4][5][6]}

Who and what the provisions cover

Section 27-1-513 permits the decedent's estate's personal representative to maintain an action when another's wrongful act or neglect causes injuries and death. Section 27-1-513 permits that action against the person causing death and also against an employer responsible for that person's conduct when the stated employment condition exists.^{[1][2][3][4][5][6]}

Section 61-6-103(1) requires a motor vehicle liability policy to designate covered vehicles and insure the named insured and other users with the named insured's express or implied permission against legally imposed liability for damages arising from ownership, maintenance or use within the United States or Canada, subject to the stated limits and the exclusions permitted by § 61-6-103(4). Section 61-6-103(1)(b) specifies limits exclusive of interest and costs with respect to each motor vehicle: $25,000 for bodily injury to or death of one person in any one accident; $50,000 for bodily injury to or death of two or more persons in any one accident, subject to the one-person limit; and $20,000 for injury to or destruction of others' property in any one accident. Section 61-6-103(2) applies the same territorial and liability limits to an operator's policy covering the named operator's use of nonowned vehicles.^{[1][2][3][4][5][6]}

Conditions and exceptions

Section 27-2-401(1) excludes disability time for a person who, when the cause accrues, is a minor or committed pursuant to 53-21-127, for actions mentioned in part 2 except 27-2-211(3); commitment cannot extend the limit more than 5 years. Section 27-2-401(3) requires the disability to exist at accrual, and § 27-2-401(4) says limitation does not attach until both disabilities are removed when both existed at accrual.^{[1][2][3][4][5][6]}

Section 61-6-103(4) permits omission of workers' compensation liability, specified employee injury or death liability, and damage to property owned by, rented to, in charge of or transported by the insured. Section 61-6-103(4) permits a policy to omit liability for bodily injury to or death of an employee of the insured while engaged in the insured's employment other than domestic employment, or while engaged in operating, maintaining or repairing a motor vehicle. Section 61-6-103(6) prohibits cancellation, termination, nonrenewal or a premium increase due to injury or damage incurred by the insured or operator unless that insured or operator is found to have violated a state or city traffic law or ordinance, is found negligent or contributorily negligent in court or in arbitration proceedings under Title 27, chapter 5, or pays damages to another party by settlement or otherwise; it also prohibits a premium increase during the policy term unless exposure changes.^{[1][2][3][4][5][6]}

Related provisions in the saved sources

Section 2-9-301(1) requires written presentation to the department of administration for state claims arising under parts 1 through 3 of that chapter. Section 2-9-301(2) requires presentation and final denial before a district court complaint, requires written disposition within 120 days, treats non-disposition within 120 days as final denial, and tolls limitations for 120 days upon receipt. Section 2-9-301(2) excludes claims assertable under Title 25, chapter 20 by third-party complaint, cross-claim or counterclaim. Section 2-9-301(3) directs covered political subdivision claims to its clerk or secretary.^{[1][2][3][4][5][6]}

Section 61-6-103(5)(a) makes the carrier's required-insurance liability absolute when covered injury or damage occurs and prohibits subsequent cancellation or annulment of that liability by agreement. Section 61-6-103(5)(a) also prevents an insured's statement or policy violation from defeating the policy. Section 61-6-103(5)(b) prevents making the insured's satisfaction of a judgment a payment prerequisite, while § 61-6-103(5)(c) permits covered-claim settlements and deduction of good-faith settlements from the specified limits.^{[1][2][3][4][5][6]}

Source date and limits

The saved-source date is 2026-11-06. This statute-only entry uses the selected Montana Legislature text; it does not claim verification of today's law. Judicial interpretation and application to individual facts are outside its scope. This material provides general reference information about the saved provisions and is not legal advice.^{[1][2][3][4][5][6]}

The version of § 27-1-702 labeled effective on occurrence of a contingency provides that, in an action by a person or the person's legal representative for tort damages for death or injury to a person or property, contributory fault does not bar recovery if it is not greater than the defendant's fault or the combined fault of all defendants and nonparties; damages allowed must be reduced in proportion to the percentage of fault attributable to the person recovering. The saved § 27-1-702 text does not establish whether that contingency occurred. The referenced exceptions in § 27-2-204(1) and commitment provision in § 27-2-401(1) are not independently supplied and are not interpreted here. Section 61-6-103(7) permits lawful excess or additional coverage, excludes it from that part's provisions, and confines its motor vehicle liability policy terminology to required coverage.^{[1][2][3][4][5][6]}

See also

• Montana car accident statistics (2020-2024)
• Hiring a lawyer and understanding contingency fees

On related publications

• Montana truck accident statistics (2020-2024) (truckaccidentlawyers.wiki)