Car Accident Statute of Limitations in Montana
Last verified 2026-07 · Source: Mont. Code Ann. § 27-2-204(1) ✓ verified · 3 sources
The deadline
3 years
from the date of the accident, under Mont. Code Ann. § 27-2-204(1).
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The deadline to file a car accident lawsuit in Montana is 3 years, set by Mont. Code Ann. § 27-2-204(1). It starts running on the date of the accident. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Montana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 3 years | Mont. Code Ann. § 27-2-204(1) |
| Credit Card Debt | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
| Medical Malpractice | 2 yrs | Mont. Code Ann. § 27-2-205 |
| Wrongful Death | 3 yrs | Mont. Code Ann. § 27-2-204(2); § 27-1-513 |
| Personal Injury | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Dog Bite | 3 yrs | Mont. Code Ann. § 27-2-204 |
| Slip and Fall | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Defamation | 2 yrs | Mont. Code Ann. § 27-2-204(3) |
| Breach of Contract | 8 yrs | Mont. Code Ann. § 27-2-202(1) |
| Medical Debt | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
When the Clock Starts
In Montana, the limitations period for car accident lawsuits generally begins on the date of the accident. Montana does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: A tort claim against the State of Montana must first be presented in writing to the Department of Administration before suit may be filed — presentation tolls the statute of limitations for 120 days — and claims against political subdivisions must be presented to and filed with the subdivision's clerk or secretary (Mont. Code Ann. § 2-9-301).
The 2025 Legislature amended § 27-2-204 (Ch. 709, L. 2025, revised wording effective October 1, 2026) without changing the three-year injury period; a longer ten-year period applies only to wrongful-death actions arising from homicide under § 27-2-204(2), and Mont. Code Ann. § 27-2-102(2) provides that lack of knowledge of the claim does not postpone the clock except for concealed or self-concealing facts.
Source: Mont. Code Ann. § 27-2-204(1), official Montana statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Montana government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Montana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Montana | 3 years | Mont. Code Ann. § 27-2-204(1) |
| North Dakota | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| South Dakota | 3 yrs | S.D. Codified Laws § 15-2-14 |
| Wyoming | 4 yrs | Wyo. Stat. § 1-3-105(a)(iv)(C) |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Montana?
You have 3 years from the date of the accident, under Mont. Code Ann. § 27-2-204(1).
Can I still sue after 3 years in Montana?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Montana generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
A tort claim against the State of Montana must first be presented in writing to the Department of Administration before suit may be filed — presentation tolls the statute of limitations for 120 days — and claims against political subdivisions must be presented to and filed with the subdivision's clerk or secretary (Mont. Code Ann. § 2-9-301).
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Sources
- Official Mont. Code Ann. § 27-2-204 — Tort actions, general and personal injury (2025 MCA, Montana State Legislature)
- Corroborating Montana Code Annotated § 27-2-204 (2025) — Justia statute mirror
- Corroborating Montana Personal Injury Laws and Statutes of Limitations — Nolo
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Montana attorney.