Montana recognizes an independent claim against an insurer for unfair claim settlement practices, which gives claimants a genuine remedy for lowball or foot-dragging adjusters that most states route through bad-faith litigation instead.
Filing deadline
3 years
From the date of the accident, for injury lawsuits.
Fault rule
Modified comparative (51% bar)
Montana bars recovery once your fault exceeds 50% of the combined fault of everyone involved.
Required coverage
$25K / $50K
Bodily-injury liability, per person / per accident.
Montana uses modified comparative negligence with a 51% bar — fault exceeding 50% of the combined total ends the claim.
Montana recognizes an independent claim against an insurer for unfair claim settlement practices, giving claimants a direct remedy for lowball offers or unreasonable delay that most states route through separate bad-faith litigation.
There is no PIP requirement, and minimum liability coverage is $25,000 per person and $50,000 per accident.
The 3-year statute of limitations gets the headlines, but it is almost never the deadline people actually miss.
| Deadline | Window | Why it matters |
|---|---|---|
| Personal injury lawsuit | 3 years from the crash | Mont. Code § 27-2-204. |
| Claim against a government entity | Notice generally required within 180 days to 3 years depending on the defendant | Montana's tort claims procedures vary by government level — confirm the applicable window early. |
Provisions that are specific to Montana and routinely surprise claimants who assumed the national norm applied.
Montana's Unfair Trade Practices Act lets a claimant bring a direct action against an insurer for unreasonable delay or lowballing — a meaningful check on adjuster tactics that most states don't offer as directly.
Crossing the halfway fault line eliminates the claim entirely, so documentation gathered near the crash date matters.
Long distances to specialty care in much of Montana can extend treatment timelines, which insurers sometimes misread as a less serious injury.
Montana requires at least $25K / $50K in bodily injury liability coverage, uninsured motorist coverage is optional, and fault is decided under modified comparative (51% bar).
Bodily injury per person / per accident. This is the ceiling on the at-fault driver's policy, not a valuation of your injury.
Montana does not require it, which is exactly why so many claims stall at the at-fault driver's minimum limits. Check your own declarations page anyway; most people carry it without knowing.
The at-fault party's insurer pays, and there is no threshold to clear before claiming pain and suffering.
Montana bars recovery once your fault exceeds 50% of the combined fault of everyone involved.
Coverage minimums and helmet requirements are set by statute and change. Verified August 2026 against the Insurance Institute for Highway Safety helmet law table and state insurance department filings; confirm the current rule before relying on it.
National ranges adjusted for Montana's legal climate. Click an injury for the full Montana breakdown.
| Injury | Typical range | Severe cases |
|---|---|---|
| Whiplash | $3K – $23K | up to $90K |
| Back Injury | $9K – $90K | up to $450K |
| Herniated Disc | $35K – $125K | up to $625K |
| Broken Bones | $13K – $90K | up to $325K |
| Concussion / Mild TBI | $18K – $125K | up to $900K |
| Shoulder Injury | $13K – $90K | up to $275K |
| Knee Injury | $13K – $90K | up to $350K |
| Neck Injury | $13K – $100K | up to $550K |
| Spinal Cord Injury | $225K – $1.4M | up to $9M |
| Traumatic Brain Injury | $90K – $900K | up to $9M |
| Internal Injuries | $45K – $225K | up to $900K |
| Burn Injuries | $23K – $175K | up to $4.5M |
| PTSD / Emotional Distress | $9K – $68K | up to $225K |
| Wrongful Death | $450K – $1.8M | up to $9M |
| Soft Tissue Injuries | $3K – $18K | up to $68K |
| Amputation & Limb Loss | $225K – $1.8M | up to $9M |
| Electrocution & Electrical Injury | $45K – $450K | up to $9M |
| Complex Regional Pain Syndrome (CRPS) | $23K – $450K | up to $4.5M |
How the claim is built changes with how you were hurt. Each guide applies MT law to that specific kind of accident.
Car Accident
$3K – $50K
Truck Accident
$23K – $325K
Motorcycle Accident
$18K – $175K
Pedestrian Accident
$23K – $225K
Bicycle Accident
$13K – $125K
Rideshare Accident
$9K – $100K
Slip and Fall
$5K – $55K
Workplace Injury
$5K – $68K
Dog Bite
$13K – $55K
Medical Malpractice
$45K – $450K
Product Liability
$23K – $225K
Nursing Home Abuse
$28K – $275K
Electric Scooter Accident
$9K – $68K
Falling Object Injury
$13K – $125K
These apply to every claim, and each one is a mistake insurers count on.
Get treated within 72 hours, and do not skip visits
Treatment delay and gaps in care are the two most common reasons claims get discounted. If you have to pause treatment for money, work, or childcare, tell the provider so the reason appears in the chart rather than reading as recovery.
Photograph everything while it is fresh
Both vehicles from multiple angles, the scene, road conditions, skid marks, traffic controls, and your visible injuries as they develop. Bruising often looks worse on day three than on day one — photograph it again.
Keep a dated symptom journal
Pain scores, sleep disruption, and specific activities you could not do. Contemporaneous notes carry weight that a recollection twelve months later does not, and they are what make non-economic damages concrete.
Document work impact through your employer
A letter confirming missed shifts, modified duty, or lost overtime turns lost income from an assertion into a provable number.
Decline the early recorded statement
You are not obligated to give a recorded statement to the other driver's insurer. Early statements are taken before symptoms peak and are quoted back for the life of the claim.
Report every symptomatic area at the first visit
Injuries that hurt less at first get mentioned later, and the delay becomes the insurer's causation argument. List everything that hurts, even mildly.
Six phases, and the first is the longest — nothing can be valued until treatment ends or plateaus.
Nothing can be valued until your doctor says you have stopped improving — maximum medical improvement. Settling before that point means paying for your own future care.
Records, bills, wage documentation, and a written demand go to the adjuster. Assembling complete records from every provider is usually what takes the time.
The adjuster reviews the file, often runs it through claims-evaluation software, and sets an authority range. Complex or disputed claims go to a supervisor or a committee.
Offers and counters. Straightforward claims resolve in a handful of exchanges; disputed liability or serious injury can take many rounds, and sometimes a lawsuit filing to move.
You sign a release ending the claim permanently. Read it — a broad release can extinguish claims against parties you did not intend to release.
The check goes to your attorney's trust account. Liens and medical providers are paid first, then fees and case costs, then the balance reaches you. Many states require the insurer to pay within roughly 30 days of the signed release.
The questions people actually search for on this topic, answered in full.
Three years from the crash. Government-entity claims run on separate, often shorter notice windows.
You recover nothing once your fault exceeds 50% of the combined fault of everyone involved; below that, damages are reduced by your share.
Yes — Montana's Unfair Trade Practices Act allows a direct claim against an insurer for unreasonable delay or bad-faith claim handling, separate from the underlying injury claim.
No. Montana is an at-fault state with no PIP requirement.
$25,000 per person and $50,000 per accident for bodily injury, plus $20,000 in property damage.
The questions people actually search for on this topic, answered in full.
Contingency fees typically run 33% to 40%. The common structure is one third if the case settles before a lawsuit is filed, rising to 40% once litigation begins or the case approaches trial. Case expenses — filing fees, records, expert reports — are usually deducted on top of the fee rather than out of it, so ask specifically which structure the agreement uses.
Compensation for physical injury or physical sickness is generally not taxable federally. Portions allocated to lost wages, punitive damages, and interest generally are, and previously deducted medical expenses can be taxable when reimbursed. How the settlement is allocated among those categories has real consequences, so it is worth addressing before the documents are signed rather than at tax time.
The order of payment is liens and medical providers first, then attorney fees and case expenses, then you. On a $100,000 settlement with a one-third fee, $4,000 in costs, and $15,000 in medical liens, the net is roughly $48,000 — and lien negotiation is frequently where the largest gains are available, because providers often accept substantial reductions.
The insurer typically issues the check within two to four weeks of receiving the signed release, and most states require payment within a reasonable period commonly understood as 30 to 45 days. Disbursement to you then depends on how quickly liens are resolved, which can add several weeks.
Usually not. Industry analysis consistently places first offers at roughly half of a claim's fair value, and adjusters are evaluated in part on savings against reserves. Cases involving a genuine lowball frequently resolve for several times the opening number once the file is properly documented — but the first offer is also final if you accept it, because the release closes the claim permanently.
In most cases yes. Health insurers, Medicare, Medicaid, and hospitals hold subrogation or lien rights against injury recoveries. Those liens are frequently negotiable — sometimes substantially — and reducing them raises your net recovery dollar for dollar without any further negotiation with the insurer.
Answer six questions and your range appears right here — free, no sign-up, no email wall. It is already set to Montana, so the modified comparative (51% bar) rule and this state’s settlement climate are built into the number.
Estimated range
1/6 answered
Laws summarized for general education and may change; verify current deadlines and rules with a licensed Montana attorney before acting. Not legal advice. InjurySage is not a law firm. Page updated August 2026.