Montana car accident law operates in a state defined by extremes: the fourth-largest US state by area (147,040 square miles) with a population of only approximately 1.1 million people, the highest posted speed limits in the contiguous United States (Montana had no daytime speed limit for many years until a 1999 law established 75 mph on rural interlane highways), and a landscape where wildlife-vehicle collisions, single-vehicle accidents on unlit rural highways, and extreme winter weather conditions on mountain passes dominate the accident pattern. Montana has the highest traffic fatality rate per vehicle mile traveled of any US state in most years -- a distinction driven not by reckless drivers but by the geometry of the state: long distances between destinations, high speeds, wildlife, and winter conditions on two-lane highways like US-2 (the "Hi-Line" across northern Montana from Havre to Whitefish), US-93 (the corridor from Missoula through the Flathead Valley), and US-191 (the east Yellowstone corridor through the Paradise Valley). Montana personal injury law: Montana uses a modified comparative fault system with a 51% bar (Mont. Code Ann. sec. 27-1-702) -- a plaintiff who is found 51% or more at fault is completely barred from recovery.
Montana's statute of limitations for personal injury claims is three years (Mont. Code Ann. sec. 27-2-204), and the mandatory liability insurance minimum is $25,000 per person/$50,000 per accident for bodily injury and $20,000 per accident for property damage (Mont. Code Ann. sec. 61-6-103). Montana has adopted the Uninsured Motorist statute (Mont. Code Ann. sec. 33-23-201) requiring UM coverage to be offered at the same limits as liability coverage unless the insured rejects UM coverage in writing. The Montana Supreme Court's decision in Jacobsen v. Allstate Ins. Co., 2009 MT 248, established the framework for bad faith insurance claims in Montana -- the Court held that insurers have a duty of good faith and fair dealing that runs to first-party claimants, and that breach of this duty supports a tort claim for extra-contractual damages.
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