Montana · Comparative Negligence

Montana Comparative Negligence Rule

Montana follows a modified 51% bar rule under Mont. Code Ann. § 27-1-702. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Montana

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Montana

Modified comparative negligence with a 51% bar; the plaintiff is barred only when contributory negligence is "greater than" the combined fault of all defendants.

Related: Montana statute of limitations

Montana gives you 3 years to file a personal injury lawsuit under Mont. Code Ann. § 27-2-204.

See the full Montana statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Montana attorney before relying on it.

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Montana Comparative Negligence FAQ

What comparative negligence rule does Montana follow?

Montana follows a modified 51% bar rule under Mont. Code Ann. § 27-1-702. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Montana?

Yes, up to a point. In Montana you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Montana?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Montana bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Montana?

Montana gives you 3 years to file a personal injury lawsuit under Mont. Code Ann. § 27-2-204.

Where can I read the actual rule?

The controlling authority is Mont. Code Ann. § 27-1-702. The full text is available at https://mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0070/section_0020/0270-0010-0070-0020.html.

See comparative negligence rules for all 51 covered states

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