What Happens If the Person at Fault in an Accident Has No Insurance in Montana?

Montana uses an at-fault, or tort-based, system for handling car accidents. Hence, in an auto accident, the party responsible for the crash (known as the "at-fault driver") is mandated to pay for the damages. If an at-fault driver does not have insurance, they may face serious legal and financial consequences. Injured parties are legally allowed to file for compensation against the uninsured party. However, when the at-fault party cannot cover the costs, victims may use other means to help cover their losses. Not having insurance does not absolve the driver from legal liability if they are deemed responsible for a Montana traffic violation or infraction.

Is It Illegal To Drive Without Insurance In Montana?

Yes. Per MCA § 61-6-301, operating an automobile on public roads in Montana without meeting the state's financial responsibility requirements is illegal. Drivers must either carry a valid auto insurance policy, hold a certificate of self-insurance, provide an approved indemnity bond, or qualify for an exemption under Montana Code § 61-6-103. Violation of this law is considered a misdemeanor and can lead to various penalties, including:

• Financial Liability (MCA § 61-6-301(4)): Fines of up to $500 for first and second-time offenses, and harsher penalties, including possible jail time (up to 10 days) and vehicle impoundment for repeat offenses.
• Civil Liability in Accidents: Uninsured drivers who are at fault in an accident are personally liable for all damages and may be sued in civil court by the injured party.
• Driver's license suspension (Mont. Code Ann. § 61-6-302).
• Revocation or suspension of vehicle license registration.
• Filing an SR-22 certificate (proof of future financial responsibility).

What Is the Minimum Insurance Requirement in Montana?

Montana law (MCA § 61-6-103) mandates that all vehicles operated on public roads carry minimum liability insurance. The required minimum coverage is:

• $25,000 for a single person's bodily injury or death
• $50,000 for two or more bodily injuries or deaths
• $20,000 for damage to property

According to MCA § 33-23-201, insurance policies for vehicles in Montana must include Uninsured/Underinsured Motorist (UM/UIM) coverage and Medical Payments (MedPay) coverage unless the policyholder opts out in writing.

What To Do After A Car Accident With an Uninsured Driver in Montana

Victims of a car accident involving an uninsured driver in Montana should:

• Stop immediately at the scene (MCA § 61-7-103).
• Assist the injured (MCA § 61-7-105).
• Notify law enforcement (MCA § 61-7-108) if there is injury, death, or property damage above $1,000.
• Exchange information with the other driver. Per (MCA § 61-7-105), this includes name, address, vehicle registration number, license, and insurance status.
• Gather and document evidence, including photos of damage, injuries, and the scene, damage to both vehicles, and any personal injuries resulting from the accident.
• File an SR-1 accident report with the Montana Motor Vehicle Division if damages exceed $1,000 or there are injuries.
• Report the accident to the insurance company (Montana. Administrative Rules 6.6.3504(1).
• File an accident report to the Department of Justice if law enforcement was not present at the scene (MCA § 61-7-114).
• Submit proof of financial responsibility to Montana Motor Vehicle Division (MVD) if damages exceed $1,000 or there is injury or death (MCA § 61-6-103, § 61-6-133).
• File a lawsuit against the erring driver.
• Check for Medpay or UM/UIM coverage, and file a claim for medical costs, lost income, pain and suffering, and vehicle damage. Note that winning a judgment does not ensure payment, especially if the uninsured driver has no assets.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Per Montana tort law, uninsured drivers retain full rights to recover damages if another party is at fault. However, they may face legal penalties and insurance complications for driving without insurance.

Can I Sue an Uninsured Driver in Montana?

Yes. Victims may file a civil claim against an uninsured at-fault driver for injury or property damage. When the total damages are $7,000 or less, victims can file a lawsuit in a Small Claims Court (MCA § 25-35-501 to 25-35-805). The filing fee is between $30–$50, and can be done without an attorney. However, if the claim exceeds $7,000, the case must be filed in the Montana District Court (MCA § 3-5-302) with legal representation and formal procedures such as pretrial motions, discovery, and jury trials.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Montana?

Yes, an individual's insurance may provide coverage if the at-fault driver has no insurance because Montana insurance law requires insurers to offer UM/UIM coverage as specified in MCA § 33-23-201. When an at-fault driver is uninsured, the victim's insurance may provide coverage through:

• UM/UIM coverage: May cover property damage and medical expenses if the at-fault driver is underinsured or uninsured (Mont. Code Ann. § 33-23-201(1)).
• MedPay: Covers immediate medical costs regardless of fault.
• Collision coverage: Pays for repairs to the victim's vehicle regardless of who was at fault.

Although MedPay and Collision Coverage are not mandatory under Montana law, they are often offered as add-ons.

What Is Uninsured Motorist Coverage in Montana?

Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage are types of auto insurance that protect drivers if they are involved in an accident caused by someone who does not have insurance or does not have enough insurance to cover the damages. Uninsured Motorist (UM) coverage helps pay for medical bills, lost wages, and other costs if the at-fault driver has no insurance at all. Underinsured Motorist (UIM) coverage applies when the at-fault driver has an insurance policy that cannot cover the accident's full cost.

In Montana, insurance companies are required to offer both UM and UIM coverage when a person buys liability insurance. However, policyholders can reject it in writing (MCA § 33-23-201).

The coverage limits cannot be less than those required for liability insurance under MCA § 61-6-103 in each case.

What If I Don't Have Uninsured Motorist Coverage in Montana?

Motorists without UM/UIM coverage who are victims may explore these compensation routes:

• File a civil lawsuit against the uninsured at-fault driver to recover damages.
• Request a license suspension for unpaid judgments through the court (MCA § 61-6-124).
• Seek restitution through a criminal case if the accident involved a DUI.
• In hit-and-run cases, apply to the Montana Crime Victim Compensation Fund if eligible.

How Do I Get Compensation from an Uninsured Driver in Montana?

When an at-fault driver in Montana lacks insurance, the victim can attempt an out-of-court settlement or get compensation by filing a lawsuit in the district court (for damages over $12,000) or justice court (for claims under $12,000). This procedure is per the Montana Rules of Civil Procedure as follows:

• Establish fault by gathering evidence, including police reports, witness statements, medical records, expenses, and vehicle damage estimates. Montana uses a modified comparative negligence rule, meaning injured parties cannot recover damages if they are over 51% at fault for the accident.
• Try a pre-litigation settlement by sending a demand letter to the at-fault uninsured driver, outlining the summary of the incident, financial damages being sought, and a deadline for response or resolution.
• File a lawsuit detailing the accident, the uninsured status of the driver, and the damages sought.
• The court issues a summons, which must be properly served on the defendant within 60 days. The defendant has 21 days to respond or enter a default judgment.
• Engage in the discovery phase, which is generally due within 30 days.
• Before trial, either party can file motions for dismissal or summary judgment.
• If the case proceeds to trial, both parties present evidence and call witnesses. Afterwards, the judge or jury determines liability and awards damages (economic, medical bills, property loss, etc.)

These procedures follow the Montana Rules of Civil Procedure and Title 25 of the Montana Code Annotated.

How Much Can You Recover From an Uninsured At-Fault Driver in Montana?

Montana law entitles victims to recover compensatory damages, including medical bills, property damage, lost income, and pain and suffering. However, in Montana, there is no specific statutory cap on how much a person can recover in a civil lawsuit against an uninsured at-fault driver. Instead, the compensation amount depends on the damages suffered and what the court determines to be fair and supported by evidence. However, actual costs recovered are dependent on the defendant's financial capacity.

Small claims court caps recovery at $7,000 (MCA § 3-10-1004), and interest on civil judgments currently accrues at 10% (MCA § 25-9-205).

How To Find Out If the At-Fault Driver Has Insurance in Montana

Victims can verify the at-fault driver's insurance status by:

• Reviewing the police report.
• Requesting the driver's insurance information at the scene.
• Contacting the Montana Motor Vehicle Division.
• Subpoenaing their insurance record during litigation

Are Accidents Public Record in Montana?

Yes, certain types of accident-related records in Montana are public records, but access varies depending on the document type, the agency that holds it, and applicable privacy laws.

• Police reports for motor vehicle accidents are generally not considered confidential and may be requested by the public. However, per MCA § 61-7-114, accident reports filed by law enforcement officers are only accessible to authorized persons such as individuals involved in the crash, their legal representatives, insurers, or government agencies.
• DMV accident and driving records are only available with the driver's consent or for legal purposes(MCA § 61-11-105(2)(3)(4)). DMV accident data is not publicly accessible without the driver's consent or a permissible use under the DPPA.
• Court records from accident lawsuits are often public unless sealed by a judge.

Accident reports, court filings, and certain DMV records are public under Montana's Right to Know laws. However, access may be limited for records involving minors, sealed court files, or ongoing investigations.

Can You Go to Jail for Causing an Accident Without Insurance in Montana?

Yes, it is possible to go to jail for causing an accident without insurance in Montana, depending on the circumstances of the accident, including the severity of damages or injuries, and the driver's prior offenses. Under Montana laws, driving infractions are less severe offenses that generally do not carry jail time but may result in fines or administrative penalties. Examples include failure to have proof of insurance or inability to renew insurance.

On the other hand, misdemeanors involve willful misconduct or repeat offenses such as using fraudulent or altered insurance documents, DUI, etc. Such severe penalties include possible jail time, fines, and criminal records. Causing an accident while uninsured may result in jail time, which is higher if the accident involves injuries, death, hit and run, driving under the influence, or multiple prior violations.

Can You Settle With an Uninsured Driver Out of Court in Montana?

Yes. Victims may legally settle with an uninsured driver out of court. Written settlement agreements are enforceable under Montana contract law if both parties agree to the terms and sign the document. Consulting an attorney is advisable before entering such agreements.

Can I Get Compensation If I Was Partially at Fault?

Per Montana's comparative negligence rule (MCA § 27-1-702), a claimant can recover damages if they are less than 51% at fault. The claimant's percentage of fault reduces compensation. If the claimant is 51% or more responsible, they cannot recover damages.