Uninsured vs. Underinsured Motorist Coverage in Montana

By the FigureMyTax Editorial Team · How we calculate

Montana requires uninsured motorist coverage unless the named insured rejects it. We found no statute that requires underinsured coverage or says how it pays, so UIM is whatever your policy provides.

Required coverage

MCA 33-23-201 requires UM in the limits of 61-6-103 unless the named insured rejects it. The minimum liability limits are $25,000 per person, $50,000 per accident and $20,000 for property damage (61-6-103). The definition of a motor vehicle liability policy mentions uninsured, underinsured and medical payment coverages as part of a policy (33-23-204), but we found no section that requires underinsured coverage.

How UIM pays

We found no Montana statute that says how UIM pays, so the calculator shows both an on-top-of-the-other-driver reading and a difference-of-limits reading. Your policy wording controls; ask your insurer in writing.

Fault and damages

Contributory fault does not bar recovery if it was not greater than the fault of the defendant or the combined fault of all defendants and nonparties, but damages are reduced in proportion to your fault (MCA 27-1-702). Montana has no no-fault threshold for pain and suffering.

Deadlines and next steps

Most tort actions must be commenced within 3 years (MCA 27-2-204). Your policy may set other deadlines for a claim against your own insurer. Stacking is a separate question; see our statute post and the explainer, then use the Montana UM/UIM stacking calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Montana's rules apply to your specific case with a licensed Montana attorney.