Is Montana No-Fault State or a Tort State?

At Bliven Law Firm, P.C., there are many personal injury questions we come across when working with our clients. “Is Montana a no-fault state?” is one of the questions we hear most often. Below, we answer this question and discuss other important information you should know.

In short, the answer is no. Montana is actually a tort state – also known as an at-fault state. In the United States, this is the most common form of liability law based on fault and liability. Oregon is also a tort state.

What Does It Mean to Be an “At-Fault” State?

In the event of a car accident, the driver who caused the accident would use his or her insurance to pay for the damages they caused to the other driver. In other words, if you are injured in an accident, the negligent person or entity responsible for your injury would be responsible for paying for your damages. You may also recover compensation from your own insurance company.

How Claims Work in an At-Fault State

Recovering from a car accident in an at-fault state can entail different steps depending on the exact details of the accident. The three most common paths include: 

1. Filing a third-party claim with the at-fault driver’s auto insurance carrier. This is the most common route when one driver is clearly responsible for causing the crash.
2. Filing a first-party claim with your own insurance carrier. Depending on the type of coverage you have purchased, you may be able to recover compensation for certain damages through your own policy.
3. Filing a lawsuit when liability or damages are disputed, or when insurance cannot fully cover the cost of your damages. This case would be subject to Montana’s modified comparative negligence law if multiple parties share fault for causing the accident.

You should hire a mass tort lawyer who can determine the most viable path for your recovery after the accident. It’s common for car accident victims to use their own coverage first after certain accidents, such as hit-and-run accidents or accidents involving disputed liability. When they have appropriate coverage, they can recover what they can this way and then pursue compensation for remaining damages from the at-fault driver.

It is important to remember that negligence of the plaintiff, or the victim of the accident, must not be greater than:

• The negligence of the defendant
• The combined negligence of parties against whom you’re seeking damages

Under Montana’s modified comparative fault rule, the plaintiff can still recover compensation if they were partially at fault as long as they meet these criteria, but their settlement or case award is reduced by their fault percentage.

What Does It Mean to Be a No-Fault State?

In contrast, a no-fault car insurance system allows a driver to receive compensation for damages directly from their own insurance policy. There is no need to prove fault or liability. Only about 30% of states in America have no-fault insurance systems.

What Is Montana’s “No-Fault” Medical Payments Coverage?

Most insurance policies in Montana have no-fault medical payments coverage, also known as “med pay” for short. In other states, this is generally known as Personal Injury Protection (PIP). This is optional coverage you are not required to purchase, but it can be beneficial. This covers your medical expenses in the case of a crash or covered injury, regardless of fault. The classic example is that if you hit a deer going down the Swan River Highway and are injured, this coverage will pay related medical bills. This coverage is often overlooked in a crash. Whether caused by someone else’s negligence or not, if you paid premiums for this coverage, you can use it to pay related medical expenses after an accident.

How Is Fault Determined in a Car Accident Case?

The Montana Highway Patrol reported 22,004 vehicle collisions statewide in 2022. When multiple drivers are involved, fault determines liability for resulting damages. Various forms of evidence could be necessary for determining fault in a car accident case, such as: 

• The police report from the accident.
• Photos and videos taken at the scene of the crash, especially those that show injuries, vehicle damage, and road conditions nearby.
• Eyewitness statements. An experienced attorney can obtain these statements quickly, ensuring maximum reliability.
• Medical records that prove your injuries resulted from the accident.
• Receipts for vehicle repair work, rental car costs, and lost wages if you cannot work because of your injuries.
• Footage from dashboard cameras, nearby businesses, or traffic cameras, if available.

Some of this evidence will not be obtainable for long, so it’s crucial to hire a mass tort lawyer at your first opportunity so they can begin building your case. A skilled local attorney will know how to gather evidence that you otherwise would not know how to secure.

Success with a car accident case not only requires proof that the defendant caused the accident, but also that your claimed damages are the direct result of their negligence or misconduct. Whether you are filing an auto insurance claim, a personal injury suit, or pursuing multiple avenues of recovery, it’s crucial to hire an attorney who has proven experience handling these cases so they can build the strongest possible case on your behalf.

What Happens If Both Parties Are at Fault?

In Montana, the state follows the modified comparative negligence rule. Under this rule, if you bear part of the blame for the accident that caused your injury, then this will affect the amount of compensation that you can recover. You can still recover damages in a personal injury lawsuit, but the percentage of blame assigned to you will be taken out of the total amount of your recovery.

For instance, suppose you were recently in a car accident where another driver ran a red light and hit you. In this example, moments before the accident, you were also driving recklessly by speeding through the intersection. You were injured in the accident and decided to sue the other driver for $1,000,000. The judge at trial determines, based on the evidence, that you are 10 percent responsible and the other driver is 90 percent responsible for the accident. This means that you would receive 90 percent of the $1,000,000. The total amount would be reduced by 10 percent, leaving you with $900,000.

Recovering Compensation for Your Damages

Ultimately, recovering from a car accident in Montana can be challenging, and many unexpected issues could arise as your case unfolds. Having legal counsel you can trust on your side significantly increases your chances of not only proving liability for the accident but also of securing an appropriate amount of compensation for your damages.

The team at Bliven Law Firm, P.C. can gather and preserve evidence needed to prove fault, determine your most viable path to recovering your losses, and resolve any issues you encounter as you pursue accountability and compensation for your damages. We are ready to answer your questions and provide unwavering support through every step of your case.

Questions About an Accident? Contact Our Car Accident Attorneys

After a car accident, it is normal to have questions like “Is Montana a no-fault state?” or “How do I file a car insurance claim?” We understand that each injured victim is in a unique situation.

The personal injury attorneys at Bliven Law Firm, P.C., handle all types of personal injury cases in Montana and Oregon. We can help you after a car accident, truck accident, or any accident where you were seriously injured due to the negligence of another person or entity. Contact us today to schedule a free consultation with our team and learn more about our legal services.

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