How long do I have to sue after a car accident in Montana?

Three years under Mont. Code Ann. § 27-2-204(1).

Can I recover if I was partly at fault?

Yes, if your negligence was not greater than the defendants’; the award is cut by your share.

Does not wearing a seatbelt hurt my claim?

No; it is not admissible under § 61-13-106.

What is the statute of limitations for whiplash claims in Montana?

3 years from date of injury. Source: Mont. Code Ann. § 27-2-204. Filing after the period expires generally bars the claim absent a tolling exception.

★ Montana · whiplash

Whiplash settlements
in Montana.

By MyClaimWorth EditorialPublished 9 May 2026Updated 30 September 20269 min read

Montana juries decide rear end injury claims, and the Supreme Court protects fair verdicts in both directions. A woman rear ended in Malta won $168,500, and the court reinstated the verdict after a judge threw it out over comments about insurance. Another woman got a new trial when the photos the defense stipulated to turned out to show damage from a different crash.

Facts that decide a whiplash claim in Montana

Insurance references	A verdict should not be thrown out for statements that never used the word insurance and caused no shown prejudice.Voegel v. Salsbery (Mont. 2023)
Fault rule	Contributory negligence does not bar recovery “if the contributory negligence was not greater than the negligence of the person or the combined negligence of all persons against whom recovery is sought”; damages are reduced by your share.Mont. Code Ann. § 27-1-702
Seat belt use	Evidence of wearing or not wearing a belt “is not admissible in any civil action for personal injury,” and not wearing one is not negligence.Mont. Code Ann. § 61-13-106

★ band · US federal frame

$10,000 to $40,000

Whiplash / soft tissue (1 to 2 years)

Insurance settlement data plus VerdictSearch tabulations

The US band is the starting point. Montana's fault rule and any applicable cap then adjust the figure.

united states · sister site

Your whiplash claim in Montana. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own whiplash case in about two minutes, no cost and no obligation.

Check my case

★ MT · reported whiplash outcomes

What Montana courts have awarded.

Real Montana decisions and verdicts, each linked to the court record or official report.

Voegel v. Salsbery
Montana Supreme Court · 2023
$168,500 verdict reinstated
On June 18, 2018, in Malta, Cheryl Voegel slowed for a child waiting to cross the street and a 17 year old in an F-150 ran into her Jeep. The driver admitted negligence; causation, damages and Voegel’s own negligence were tried in May 2022. The jury awarded $168,500. The trial judge granted a new trial over two comments said to refer to insurance; the Supreme Court reinstated the verdict.
O’Connor v. George
Montana Supreme Court · 2015
New trial ordered
On September 30, 2011, George rear ended O’Connor while she was stopped at a railroad crossing in Helena, and admitted liability but disputed the injuries. The parties stipulated to photos of George’s car, but at trial George testified some showed damage from hitting a bird at 60 mph a year later. The court held the misrepresentation denied O’Connor a fair trial and ordered a new one.

★ MT · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in Montana.

1
An admission of liability still leaves causation and damages for the jury.
2
Check every exhibit the other side offers, even stipulated photos, as O’Connor’s case shows.
3
Do not mention the other driver’s insurance at trial; it can cost a verdict.

★ MT · statute of limitations

3 years from date of injury

Mont. Code Ann. § 27-2-204

★ MT · fault rule

Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ MT · caps

What caps recovery.

Statutory caps that may bear on a whiplash settlement in Montana.

Medical malpractice non-econ cap
Med-mal cases
$250,000
Mont. Code Ann. § 25-9-411

★ whiplash severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies whiplash into the tiers below. Montana courts apply the same tier structure, adjusted for state-specific factors.

Severity tier	Band	Basis
Whiplash / soft tissue (minor)	$3,000 to $15,000	Settlement aggregates from insurance industry sources
Whiplash / soft tissue (1 to 2 years)	$10,000 to $40,000	Insurance settlement data plus VerdictSearch tabulations

★ whiplash · same region & fault regime

Compare to like jurisdictions.

How Montana's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for whiplash claims.

Jurisdiction	Fault rule	Limitation	Whiplash page
Montana · you are here	Modified comparative, 51% bar	3 years from date of injury	—
Nevada	Modified comparative, 51% bar	2 years for personal injury; 3 years for medical malpractice	NV · whiplash →
Oregon	Modified comparative, 51% bar	2 years from date of injury	OR · whiplash →
Utah	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice	UT · whiplash →
Washington	Pure comparative negligence	3 years from date of injury	WA · whiplash →
Wyoming	Modified comparative, 51% bar	4 years from date of injury	WY · whiplash →
Alaska	Pure comparative negligence	2 years from date of injury or discovery	AK · whiplash →
New Hampshire	Modified comparative, 51% bar	3 years from date of injury	NH · whiplash →
New Jersey	Modified comparative, 51% bar	2 years from date of injury	NJ · whiplash →
Ohio	Modified comparative, 51% bar	2 years from date of injury	OH · whiplash →
Oklahoma	Modified comparative, 51% bar	2 years from date of injury	OK · whiplash →
Nebraska	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice	NE · whiplash →
New Mexico	Pure comparative negligence	3 years from date of injury	NM · whiplash →

★ MT · whiplash · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

How long do I have to sue after a car accident in Montana?
Three years under Mont. Code Ann. § 27-2-204(1).
Can I recover if I was partly at fault?
Yes, if your negligence was not greater than the defendants’; the award is cut by your share.
Does not wearing a seatbelt hurt my claim?
No; it is not admissible under § 61-13-106.
What is the statute of limitations for whiplash claims in Montana?
3 years from date of injury. Source: Mont. Code Ann. § 27-2-204. Filing after the period expires generally bars the claim absent a tolling exception.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of MT

Montana overview

Fault rule, statute, caps, and key facts for Montana as a whole.

★ federal frame

Whiplash in United States

Whiplash band structure and severity tiers at the US level.

★ all 15 countries

Whiplash · everywhere

Cross-jurisdiction comparison of whiplash bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Montana's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Montana. See /methodology, /sources, and /disclaimer.

Whiplash settlementsin Montana.

Facts that decide a whiplash claim in Montana

Sources

Whiplash settlements
in Montana.