Key Takeaways
- Montana requires minimum liability coverage of 25/50/20 (bodily injury per person/per accident/property damage)
- Montana is a tort (at-fault) state where the at-fault driver is responsible for damages
- Uninsured motorist (UM) and underinsured motorist (UIM) coverage must be offered but can be rejected in writing
- All Montana drivers must carry proof of insurance and present it to law enforcement upon request
- Montana uses the SR-22 financial responsibility filing for high-risk drivers
Montana Auto Insurance Requirements
Montana requires all registered vehicles to maintain liability insurance coverage. Understanding the state's minimum requirements, tort system, and coverage options is essential for Montana P&C producers.
Minimum Liability Coverage: 25/50/20
Montana's minimum auto liability requirements are often expressed as 25/50/20:
| Coverage | Minimum Limit | Description |
|---|---|---|
| Bodily Injury Per Person | $25,000 | Maximum for one injured person |
| Bodily Injury Per Accident | $50,000 | Maximum for all injuries in one accident |
| Property Damage | $20,000 | Maximum for property damage per accident |
Understanding Split Limits
The 25/50/20 format means:
- First number (25): $25,000 maximum for any one person's bodily injuries
- Second number (50): $50,000 maximum total for all bodily injuries per accident
- Third number (20): $20,000 maximum for property damage per accident
Exam Tip: Montana's minimums are 25/50/20. Memorize this - it will be on the exam. Compare to neighboring states: Wyoming (25/50/20), Idaho (25/50/15), North Dakota (25/50/25).
Example Scenario
Accident with 3 injured people and $15,000 property damage:
| Injured Party | Medical Bills | Policy Pays | Reason |
|---|---|---|---|
| Person A | $30,000 | $25,000 | Per-person limit |
| Person B | $20,000 | $20,000 | Within per-person limit |
| Person C | $10,000 | $5,000 | Per-accident limit reached |
| Property | $15,000 | $15,000 | Within property limit |
| Total | $75,000 | $65,000 |
Analysis: The policy pays $50,000 for bodily injury (the per-accident maximum) and $15,000 for property damage. The at-fault driver is personally responsible for the remaining $10,000.
Montana Tort System
Montana follows a tort (fault-based) system for auto accidents:
How the Tort System Works
| Aspect | Description |
|---|---|
| Fault Determination | At-fault driver responsible for damages |
| Claim Process | Injured party claims against at-fault driver's insurance |
| Lawsuits | Injured party may sue at-fault driver |
| Comparative Fault | Damages reduced by claimant's percentage of fault |
Montana Comparative Negligence
Montana uses a modified comparative fault system:
- Injured party can recover if they are less than 51% at fault
- Recovery is reduced by percentage of fault
- If 51% or more at fault, recovery is barred entirely
Example: If you are 30% at fault for an accident and your damages are $10,000, you can recover $7,000 (70% of damages).
Uninsured and Underinsured Motorist Coverage
UM/UIM Requirements
Montana law requires insurers to offer UM and UIM coverage:
| Coverage | Description | Required? |
|---|---|---|
| Uninsured Motorist (UM) | Covers injuries from uninsured drivers | Must be offered |
| Underinsured Motorist (UIM) | Covers injuries from underinsured drivers | Must be offered |
| Rejection | Insured may reject in writing | Allowed |
| Limits | Equal to liability limits unless reduced | Standard |
UM Coverage Triggers
UM coverage applies when:
- At-fault driver has no liability insurance
- Hit-and-run driver (phantom vehicle)
- At-fault driver's insurer is insolvent
- At-fault vehicle is stolen
UIM Coverage Triggers
UIM coverage applies when:
- At-fault driver has insurance but limits are insufficient
- At-fault driver's coverage exhausted
- Damages exceed at-fault driver's limits
Exam Tip: Montana requires insurers to OFFER UM/UIM coverage, but policyholders can reject it in writing. If no written rejection, coverage applies at liability limits.
Proof of Insurance
Montana Requirements
| Requirement | Details |
|---|---|
| Insurance Card | Must carry in vehicle |
| Electronic Proof | Smartphone display accepted |
| Present to Police | Must show upon request |
| Registry Verification | Officers can verify electronically |
Montana Insurance Verification System
Montana participates in online insurance verification:
- Real-time database of insured vehicles
- Law enforcement can verify coverage instantly
- Helps identify uninsured vehicles
Penalties for No Insurance
First Offense
| Penalty | Amount/Action |
|---|---|
| Fine | Up to $250 |
| Vehicle Impound | Possible |
| License Suspension | Possible |
| SR-22 Required | For reinstatement |
Subsequent Offenses
| Penalty | Amount/Action |
|---|---|
| Fine | Up to $500 |
| License Suspension | Up to 90 days |
| Vehicle Impound | Likely |
| SR-22 Required | 3 years |
SR-22 Requirements
The SR-22 is a certificate of financial responsibility:
| Aspect | Details |
|---|---|
| Purpose | Prove continuous insurance coverage |
| Filing | Insurer files with Montana Motor Vehicle Division |
| Duration | Typically 3 years |
| Cost | Higher premiums for high-risk status |
| Cancellation | Insurer must notify MVD if policy lapses |
Optional Coverages
Personal Auto Policy Coverages
| Coverage | Description | Montana Notes |
|---|---|---|
| Collision | Damage from collision with object | Optional, covers your vehicle |
| Comprehensive | Non-collision damage (theft, weather) | Optional, covers your vehicle |
| Medical Payments | Medical expenses for occupants | Optional, no-fault coverage |
| Rental Reimbursement | Rental car while vehicle repaired | Optional |
| Towing/Labor | Roadside assistance | Optional |
Medical Payments Coverage
Montana does not require Personal Injury Protection (PIP), but medical payments coverage is available:
- Pays medical expenses regardless of fault
- Covers driver and passengers
- Typically $1,000 - $100,000 limits
- No deductible usually applies
Collision and Comprehensive
Collision covers:
- Collision with another vehicle
- Collision with objects (trees, poles, buildings)
- Overturn or rollover
- Subject to deductible
Comprehensive covers:
- Theft
- Vandalism
- Fire
- Weather damage (hail, flood)
- Animal collisions (deer strikes common in Montana)
- Subject to deductible
Exam Tip: Montana has high rates of deer-vehicle collisions. Comprehensive coverage covers animal strikes, while collision typically covers hitting a stationary object.
Montana-Specific Auto Considerations
Rural Driving Challenges
| Factor | Insurance Impact |
|---|---|
| Long Distances | Higher mileage, more exposure |
| Wildlife | Deer, elk, moose collisions |
| Weather | Ice, snow, limited visibility |
| Road Conditions | Gravel roads, construction |
| Response Time | Remote locations, delayed assistance |
Winter Driving Coverage
Montana's winters create specific coverage needs:
| Winter Hazard | Coverage Consideration |
|---|---|
| Ice/Snow Accidents | Collision coverage |
| Salt/Sand Damage | May be maintenance |
| Frozen Fuel Lines | Mechanical breakdown |
| Stranded Vehicle | Towing/roadside assistance |
Agricultural Vehicle Coverage
Montana's agricultural economy includes special vehicle types:
| Vehicle Type | Coverage Notes |
|---|---|
| Farm Trucks | May need commercial auto |
| ATVs/UTVs | May require separate policy |
| Tractors on Roads | Liability exposure |
| Trailers | May need separate coverage |
What are Montana's minimum auto liability insurance limits?
Under Montana's modified comparative fault system, a driver who is 55% at fault for an accident:
Is uninsured motorist (UM) coverage mandatory in Montana?