Montana Fault Rule
Modified Comparative Negligence (51% Bar): Montana operates under a 51% modified comparative negligence standard. Claimants can recover damages as long as their negligence does not exceed 50%; liability is barred at 51% fault.
Statute of Limitations
3 Years (Mont. Code § 27-1-702 & § 27-2-204): Claimants must finalize settlement agreements or initiate formal civil actions within 3 years of the collision date.
Statutory Insurance Minimums
25/50/20 ($25k bodily injury / $50k per accident / $20k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Montana
When negotiating auto accident claims in Montana, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under Montana Code Annotated § 27-1-702, contributory fault does not bar recovery in an action by a person or a person's legal representative to recover damages for personal injury or property damage if the contributory fault was not greater than the combined fault of all defendants (50% or less). Mont. Code § 27-2-204 establishes a 3-year statute of limitations from the collision date. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.