Montana Hit and Run Laws: Penalties and What to Do

Under Montana Code Annotated §§ 61-7-103 and 61-7-105, drivers must stop, share identifying information, and render aid after any accident. Leaving the scene is a misdemeanor for property damage or minor injury and a felony carrying up to 10 years in prison when the accident causes great bodily harm or death.

Hurt in a hit-and-run? If the driver who hit you fled or had no insurance, your own uninsured/underinsured-motorist (UM/UIM) coverage may pay your injury claim. Estimate what it could be worth with our free Montana Car Accident Settlement Calculator.

📅 Last verified: January 2026. This page reflects current Montana Code Annotated §§ 61-7-103 through 61-7-105 and related provisions.

Quick Summary: Montana Hit and Run Laws

Under Montana Code Annotated §§ 61-7-103 and 61-7-105, drivers involved in any accident must immediately stop, provide required information, and render reasonable assistance to injured persons. Penalties range from a misdemeanor for property damage to severe felony charges for accidents involving serious injury or death.

• Property damage (first offense): Misdemeanor, up to 20 days jail, $300 fine
• Property damage (second offense): Up to 6 months jail, $500 fine
• Minor injuries: Up to 365 days jail, $5,000 fine
• Serious injury or death: Felony, up to 10 years prison, $50,000 fine
• DUI vehicular homicide: Felony, up to 30 years prison, $50,000 fine
• Montana is an at-fault state
• You must file an accident report within 10 days
• Montana has implied consent laws for drug and alcohol testing

Penalties for Hit and Run in Montana

Additional consequences: The court will revoke your driver's license upon conviction and may impose punitive damages in civil cases. Vehicular homicide is not a deferrable offense in Montana.

What the Law Requires

Montana Code Annotated § 61-7-105 establishes the duties of drivers involved in accidents. If you are involved in a collision resulting in injury, death, or property damage, you must:

• Immediately stop your vehicle at the scene
• Provide your information to the other party, including your name, address, and vehicle registration number
• Show your driver's license upon request
• Render reasonable assistance to any injured person, including arranging transportation to a medical facility if necessary
• Make your stop without obstructing traffic more than necessary

"The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle shall give his name, address, and the registration number of the vehicle he is driving and shall upon request and if available exhibit his driver's license."

Montana Code Annotated § 61-7-105

Misdemeanor Hit and Run Offenses

Leaving the scene of an accident in Montana is a misdemeanor when:

• The collision results only in property damage
• The collision causes minor injuries (not "great bodily harm")
• You strike an unattended vehicle and fail to leave required information

Striking an Unattended Vehicle

If you hit a parked or unattended vehicle, you must first make a reasonable effort to locate the property owner. If you cannot find the owner, leave a note in a conspicuous location containing your name, address, and vehicle registration number.

Failing to locate the owner or leave a note is a misdemeanor. First offense carries up to 20 days in jail and a $300 fine. Second or subsequent offenses increase to 6 months jail and $500 fine.

Reporting Requirements

Montana law requires you to file an accident report within 10 days if the collision results in death, injury, or significant property damage. You should also notify law enforcement immediately at the scene for any serious accident.

Felony Hit and Run Offenses

Hit and run becomes a felony in Montana when the accident results in:

• Great bodily harm: Injuries involving risk of death, permanent disfigurement, loss of limbs, organ damage, or facial damage
• Death: Any fatality resulting from the collision

The maximum penalty is 10 years in prison and a $50,000 fine. The court will also revoke your driver's license.

DUI Hit and Run and Vehicular Homicide

Montana has strict laws regarding impaired driving accidents. Under Montana's "implied consent" law (MCA § 61-8-1016), you automatically consent to drug and alcohol testing when you operate a vehicle in the state.

Key points:

• Refusing a drug test: Automatic license suspension for up to one year
• Open container violation: Fine up to $100
• BAC threshold: You are guilty of DUI if your blood alcohol content exceeds 0.04%
• Vehicular homicide while under the influence: Up to 30 years in prison and $50,000 fine

Montana Code § 45-5-106 states: "A person commits the offense of vehicular homicide while under the influence if the person negligently causes the death of another human being while the person is operating a vehicle in violation of 61-8-1002."

Vehicular homicide is not a deferrable offense in Montana, meaning it cannot be dismissed through a deferred sentence program.

Dram shop liability: If you sell alcohol to a visibly intoxicated person or anyone under 21, you may be held liable for damages or injuries that person causes.

Montana Traffic Statistics

Montana has one of the higher traffic fatality rates in the nation:

• 2024: 203 traffic fatalities statewide
• 2025 (through late year): 189 fatalities, compared to 209 for the same period in 2024
• 2024 ranking: Montana had the 7th highest traffic fatality rate in the United States
• Unhelmeted motorcycle fatalities: 15 estimated in 2024, up from 10 in 2023

Montana does not have a universal helmet law. The Montana Department of Transportation's Vision Zero initiative aims to eliminate preventable traffic deaths through education, enforcement, engineering, and emergency medical services.

How Fault Is Determined in Montana

Montana is an at-fault state. The driver who caused the accident is liable for damages. However, you should not place blame on yourself at the scene. Statements like "I didn't see you" or "It was my fault" can be used against you.

Instead, provide a truthful account of events without admitting fault. Let investigators, insurers, or the court determine responsibility.

Modified Comparative Fault Rule

Montana uses a "modified comparative negligence" system. You may recover damages only if your percentage of fault is not greater than the other party's. Your compensation is reduced by your share of responsibility.

Example: If you suffer $100,000 in damages but are found 30% at fault, you can recover $70,000. However, if you are found 51% or more at fault, you cannot recover anything.

If the driver is never found: You may file a claim with your own insurance company under your uninsured motorist coverage.

Statute of Limitations

• Personal injury claims: 3 years from the date of injury
• Wrongful death claims: 3 years from the date of death
• Property damage claims: 2 years

Possible Defenses to Hit and Run Charges

An accident becomes a crime in Montana only if you leave without fulfilling your legal obligations. Potential defenses include:

• Left to seek help: You departed to get emergency assistance and returned promptly (or this was the quickest way to help)
• Lack of knowledge: You were genuinely unaware that a collision occurred
• Fear for safety: You reasonably believed staying at the scene would put you in danger
• Mistaken identity: You were not the driver
• No injury or damage: The collision did not result in any injury or property damage

If you leave the scene for any reason, you must have a valid justification. Document your reasons carefully.

Frequently Asked Questions

How long do I have to report an accident in Montana?

You must file an accident report within 10 days if the collision results in death, injury, or significant property damage. Contact law enforcement immediately at the scene for serious accidents.

What is "great bodily harm" under Montana law?

Great bodily harm refers to injuries involving risk of death, permanent disfigurement, loss or impairment of limbs, organ damage, or facial damage. These injuries elevate hit and run from a misdemeanor to a felony.

Can I refuse a drug or alcohol test after an accident?

Yes, but refusal results in automatic license suspension for up to one year under Montana's implied consent laws. This is separate from any criminal charges you may face.

What is Montana's BAC limit for DUI?

Montana's legal limit is 0.04% BAC for DUI charges. This is lower than many states and reflects Montana's strict approach to impaired driving.

What should victims do after a hit and run in Montana?

If you are a hit and run victim: (1) Note as much information as possible about the fleeing vehicle and driver, (2) Call law enforcement immediately, (3) Document the scene with photos, (4) Seek medical attention, (5) Contact your insurance company, and (6) Consult an attorney about your options for recovery.

Related Resources

Official Sources:

• Montana Code Annotated § 61-7-105 (Duty to Give Information and Render Aid)
• Montana DOT Vision Zero Initiative
• Montana Crash Data

Other Montana Laws:

• Montana Recording Laws
• Montana Car Seat Laws
• Montana Statute of Limitations
• Montana Whistleblower Laws

More Montana Laws

• Montana Car Accident Laws
• Montana Statute of Limitations