Written and reviewed by Bob McCarthy, licensed in Montana state and federal courts. Last reviewed October 31, 2026. General information, not legal advice.
Key points
- Get medical care, even if you feel fine.
- A written report is required within 10 days for injury, death or over $1,000 in damage, unless law enforcement investigated.
- You generally do not have to give the other driver's insurer a recorded statement.
- Not wearing a seat belt is not evidence of fault in a Montana injury case.
At the scene
- Check for injuries and call 911 if anyone is hurt.
- Move to safety if you can do so safely.
- Exchange names, phone numbers, insurance information and plate numbers.
- Take photos of the vehicles, the scene, road conditions and your injuries.
- Get names and phone numbers of witnesses.
Reporting the crash
Under Montana law, if anyone is hurt or killed, or property damage exceeds $1,000, the driver must make a written report to the state within 10 days, unless a law enforcement officer investigated and reported the crash.
Mont. Code Ann. § 61-7-109
In the first few days
- Get medical care, even if you feel fine. Some injuries show up later.
- Tell your own insurer about the crash. Your policy may require prompt notice.
- Be careful with the other driver's insurer. You generally do not have to give them a recorded statement.
- Do not sign releases or medical authorizations until you understand them.
- Keep a folder of bills, receipts, missed-work records and notes about how you feel.
- Stay off social media about the crash.
Weeks and months later
Follow your treatment plan and keep your appointments. Gaps in care are often used to argue that injuries are not serious. Most Montana injury claims must be filed within three years, and some have shorter steps.
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