Parked car hit and run in Montana: what to do
Checked against official sources: Oct 24, 2026
In Montana:
- Report the crash to police and/or the state
- Call police right away (local police, sheriff or Highway Patrol) if anyone is hurt or killed or damage looks like $1,000 or more.
- Deadline to sue for damage to your car or other property
- 2 years
- Do this now
- Photograph the damage, the whole car, its position, the location, and any paint transfer or debris.
Drivers who hit an unattended car must stop and find the owner or leave a note with their name and contact details, and many states also require a police report. If the driver left without doing this, report it to police, look for witnesses and camera footage, and check whether your own collision or uninsured motorist property damage coverage pays.
More about this
If the driver is found, you can claim from their insurer or sue them.
General legal information, not legal advice. RobinClaim is not a law firm.
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Choose your state and answer 2 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. It all happens in your browser. Nothing is sent, and the page address holds only your answers.
Your plan for Montana
Do now
Photograph the damage, the whole car, its position, the location, and any paint transfer or debris.
Why: Photos show what happened and when.
Look for a note on the car, and ask nearby people and businesses whether anyone saw it or has a camera that covers the spot.
Why: Many cameras record over footage within days, so ask quickly.
Report it to police, ask for a report number, and give them any plate number or footage.
Why: Insurers often require a police report for hit-and-run claims, and police can trace a plate.
Check your state's crash reporting rule (see your state below).
Report the crash to police and/or the state
Montana: Call police right away (local police, sheriff or Highway Patrol) if anyone is hurt or killed or damage looks like $1,000 or more.
Why: Some states require a report for damage above a set amount.
Nothing extra here for your answers.
This week
Call your insurer: ask whether collision or uninsured motorist property damage coverage applies, what your deductible is, and the deadline to report.
Why: Your own policy may pay even when the driver is unknown; deadlines are in your policy.
Ask your insurer whether you have any coverage that applies, and what the policy says about hit-and-run damage.
Why: Coverage for hit-and-run damage depends on your policy and your state.
If you know who hit you, contact them and their insurer to open a claim, and get a repair estimate.
Why: Their liability insurance should pay for damage they caused.
If a witness or camera identified the driver, give the information to police and to the driver's insurer.
Why: Police can find the owner from a plate number.
Get one or two written repair estimates.
Why: Estimates support your claim amount.
With liability-only coverage, your own policy usually does not pay for your car. Ask your insurer whether you have uninsured motorist property damage coverage, and focus on finding the driver (police report, witnesses, cameras).
Why: Liability coverage pays for damage you cause to others, not damage to your own car.
Nothing extra here for your answers.
If it's not resolved
If the driver is known but will not pay, send a demand letter and then consider small claims court for your repair costs or deductible.
Why: Small claims court is designed for people without lawyers.
If your insurer denies the claim, ask for the reason in writing and see the plan for a denied insurance claim.
Why: You can complain to your state insurance department.
Watch your state's deadline to sue for property damage.
Montana: 2 years
Why: After it passes you usually cannot sue.
Nothing extra here for your answers.
Deadlines
Report the crash to police and/or the state
General rule: see state
In Montana:
Call police right away (local police, sheriff or Highway Patrol) if anyone is hurt or killed or damage looks like $1,000 or more. If no officer investigated and reported the crash, send a written report to the Department of Justice within 10 days.
Law: Mont. Code Ann. §§ 61-7-108, 61-7-109 · checked Oct 2026 · Official source
Report to your insurer
General rule: Set by your policy; some policies require police and insurer notice within a short time for hit-and-run claims.
Deadline to sue for damage to your car or other property
General rule: see state
In Montana:
2 years
Law: Mont. Code Ann. §§ 27-2-207 (property, 2 years), 27-2-204 (injury, 3 years) · checked Oct 2026 · From Accident Claim Map: Montana
Key facts for Montana
Accident Claim Map
- Fault or no-fault state
- Fault (tort)
- Shared fault rule
- Modified (51% bar)
- Deadline to sue: injury
- 3 years
- Deadline to sue: car damage
- 2 years
Accident Claim Map: Montana · checked Oct 2026
Small Claims Map
- Most you can sue for
- $7,000
- Court
- small claims court
- Filing fee
- $30
- Lawyers
- No lawyers
Documents to gather
- Photos of the damage and location
- Police report number
- Any note, plate number, or witness contacts
- Camera footage or the name of who holds it
- Repair estimates
- Your insurance policy and claim number
Where to go
- LocalLocal police (non-emergency line)
To report the hit-and-run
- StateYour state insurance department
Your insurer unfairly denies or delays the claim
Montana: Montana Commissioner of Securities and Insurance
- LocalSmall claims court in your state
The driver is known and will not pay
Small Claims Map: Montana
Costs
A police report and insurance claim are free; you may pay your deductible. Small claims court is the low-cost option for money disputes up to your state's limit (see the smallclaimsmap link for your state's limit and filing fee). Filing fees there are usually tens of dollars, and you can ask the court to waive them if you cannot afford them.
Talk to a lawyer if
- Someone was injured
- The damage is more than your state's small claims limit and the driver is known
- Your insurer denies a claim your policy seems to cover
Free help
Free legal aid: the Legal Services Corporation's 'I Need Legal Help' page (lsc.gov) finds the legal aid office for your area, and LawHelp.org lists free legal help by state. Many state bar associations run lawyer referral services with low-cost first meetings. Your state attorney general or consumer protection office takes consumer complaints for free (find it on USA.gov).
Guides for your state
Guides for every state
Questions
Report the crash to police and/or the state in Montana: what is the rule?
Call police right away (local police, sheriff or Highway Patrol) if anyone is hurt or killed or damage looks like $1,000 or more. If no officer investigated and reported the crash, send a written report to the Department of Justice within 10 days. (Mont. Code Ann. §§ 61-7-108, 61-7-109)
Report to your insurer: what is the rule?
Set by your policy; some policies require police and insurer notice within a short time for hit-and-run claims.
What is the deadline to sue for damage to your car or other property in Montana?
2 years (Mont. Code Ann. §§ 27-2-207 (property, 2 years), 27-2-204 (injury, 3 years))
When should I talk to a lawyer?
Someone was injured; The damage is more than your state's small claims limit and the driver is known; Your insurer denies a claim your policy seems to cover.
How much does it cost?
A police report and insurance claim are free; you may pay your deductible. Small claims court is the low-cost option for money disputes up to your state's limit (see the smallclaimsmap link for your state's limit and filing fee). Filing fees there are usually tens of dollars, and you can ask the court to waive them if you cannot afford them.
Plans by state
Open the plan with one state's rules filled in:
Sources
- Ohio Rev. Code § 4549.02 (note on unattended vehicle)
- Haw. Rev. Stat. § 291C-15 (striking unattended vehicle)
- N.C. Gen. Stat. § 20-166.1(c) (parked vehicle: report to owner within 48 hours)
- Massachusetts G.L. c. 90 § 26 (police must accept report when the other driver left the scene)
- Legal Services Corporation: I Need Legal Help
All sources (5)
- Ohio Rev. Code § 4549.02 (note on unattended vehicle)
- Haw. Rev. Stat. § 291C-15 (striking unattended vehicle)
- N.C. Gen. Stat. § 20-166.1(c) (parked vehicle: report to owner within 48 hours)
- Massachusetts G.L. c. 90 § 26 (police must accept report when the other driver left the scene)
- Legal Services Corporation: I Need Legal Help
Plan checked Oct 2026. Independently fact-checked 2026-10-24.
This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.