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Montana car accident statute of limitations: 3 years for injury, 2 for your car

The Montana car accident statute of limitations gives three years for injury, two for your car. Call free.

Montana splits its deadlines. You have three years from the crash to sue for your injuries, under MCA 27-2-204. A lawsuit over the damage to your car must be filed within two years, under MCA 27-2-207. Miss the shorter date and the repair claim can be lost while the injury claim lives on.

The deadlines in Montana

Montana time limits after a car crash
WhatTime limitLaw
Injury lawsuitThree yearsMCA 27-2-204(1)
Car or property damage lawsuitTwo yearsMCA 27-2-207
Wrongful death lawsuitThree yearsMCA 27-2-204(2)
Shared faultBarred only if your fault is greaterMCA 27-1-702
Minimum liability cover$25,000 / $50,000 / $20,000MCA 61-6-103

Extra time for a young Montana crash victim

A minor is a person not yet an adult. Montana does not count the years someone spends as a minor against their deadline, under MCA 27-2-401. A teen hurt at 15 keeps the full three years and they start only once the teen comes of age.

Adults get no such pause. Adjuster calls, a slow repair shop or months of therapy do not stop the count.

Sharing the blame for a Montana wreck

Montana lets you recover as long as your fault is not greater than the fault of the drivers you sue, combined, under MCA 27-1-702. Your award then drops by your share. Found 30 percent at fault? You keep 70 percent. Found 60 percent at fault? You get nothing.

A tie still counts in your favor, so at exactly half the blame you collect half.

Montana policy limits run out fast

Each Montana policy must cover at least $25,000 for one injured person and $50,000 for everyone hurt in one crash. Property cover only has to reach $20,000, under MCA 61-6-103. That can fall short when a newer pickup is totaled.

Montana uses fault, so the driver who caused the wreck pays through their insurer. When that policy is too small, underinsured motorist cover on your own policy may fill the gap, if you bought it.

When to call a Montana car accident lawyer

Plan around the two-year car damage date, not the three-year injury date. An attorney needs months to gather the police report, repair estimates and medical records before pressing the insurer. Calling costs nothing and the lawyer takes a fee only if you win.

Other states: Idaho, Wyoming, North Dakota, South Dakota or every state on one page.

Montana car accident statute of limitations questions

How long do I have to sue after a car accident in Montana?

Three years for your injuries and two years for damage to your car or other things you own. Both clocks start on the day of the crash.

What is the deadline for a wrongful death claim in Montana?

Three years from the death, under MCA 27-2-204. The same law allows ten years when the death was a homicide.

Can I still get paid in Montana if I was half to blame?

Yes. You are shut out only when your fault is greater than the fault of those you sue. At half, your award is cut in half.

Is Montana a no-fault state?

No. The at-fault driver’s liability insurer pays for the harm and you claim against that policy first.

Before the clock runs out

In Montana the car damage deadline lands a full year before the injury deadline and a signed release can end both at once. Call before you sign and a lawyer will check your dates and your offer free.

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