It is easy to assume that nothing important needs to happen while insurance companies investigate a car accident. People wait for adjusters to respond, for claims to develop, or for more information to come in, believing the legal timeline will sort itself out later.
In Montana, this assumption quietly works against injured people because the deadline to file a lawsuit advances regardless of what insurers are doing. Montana’s statute of limitations for car accident claims controls whether a court will ever hear the case. At Judnich Law Office, we guide clients through these timing decisions early, so missed deadlines do not decide the case before it ever begins.
How Much Time Do You Have to File a Car Accident Lawsuit in Montana?
In Montana, the law establishes a strict deadline for filing a personal injury lawsuit following a car accident. For most accidents, whether the injured person was driving, riding as a passenger, or struck as a pedestrian, the injured person has three years from the date of the accident to file suit. Once that deadline passes, the court will dismiss the case, no matter how strong the evidence may be or how reasonable the delay seemed.
What Does Montana’s Statute of Limitations Actually Control?
The statute of limitations is a deadline that governs the timing of filing a lawsuit. If you don’t file before this deadline passes, you lose the ability to pursue compensation through the legal system, even if liability is clear or negotiations are ongoing. Once the deadline expires, the law gives judges no discretion to revive the claim.
When Does the Clock Start Running?
For most car accidents, the clock starts on the date of the crash. Montana law does not pause the deadline while you recover, negotiate, or wait for an insurer to respond. Each day counts, even when nothing appears to be happening.
Limited exceptions can affect when the clock begins, such as cases involving minors or situations where an injury could not reasonably have been discovered right away. These exceptions apply narrowly and require careful analysis. Assuming an exception applies to your case without confirming it creates a serious risk of dismissal of your claim.
How Long Does a Car Accident Case Take in Montana?
A car accident case does not move on a single timeline, as it is dependent on the specific details of your case. It is important to know that there are typical phases to a case, which include:
- Investigation and preparation. Attorneys gather records, interview witnesses, and analyze liability. This phase often takes months, not weeks.
- Insurance negotiation. Settlement discussions may resolve a case, but they rarely move quickly or predictably.
- Litigation. If settlement fails, filing suit begins formal court deadlines, discovery, and motion practice. This phase can extend well beyond a year.
Starting the process early preserves flexibility, while waiting narrows options as deadlines approach.
When Should You Start Thinking About a Lawsuit?
A lawsuit does not mean an immediate trial. It means preserving your rights. Many cases settle after filing, but only if the lawsuit remains a viable option.
You should consider the lawsuit timeline when:
- Insurance negotiations slow or stall,
- Fault disputes emerge,
- Coverage questions arise, or
- The statute of limitations is within a year of expiring.
Treating Montana’s statute of limitations for car accident claims as a planning tool, not a last resort, often improves outcomes.
Why People Miss the Deadline Without Realizing It
Missed deadlines rarely result from inaction alone. They usually result from misplaced assumptions that may include:
- Believing insurance claims pause the clock,
- Waiting for a final medical outcome before acting, and
- Assuming verbal extensions or informal agreements protect legal rights.
Montana law does not recognize these assumptions as valid reasons to extend the filing deadline.
Why Clients Trust Judnich Law Office with Timing-Critical Cases
At Judnich Law Office, we focus on building cases that hold up when insurers push back or negotiations stall. We have served Montana communities since 2005 and handle cases in all 56 counties, so we understand how local courts, insurers, and opposing counsel actually operate. Our car accident attorneys prepare cases for litigation, and we do not hesitate to take a case to court when settlement negotiations stall. Clients work with a down-to-earth team that communicates clearly, respects their situation, and stays focused on moving the case forward the right way.
Take Control of Your Timeline Before It Controls You
A free case review provides a clear picture of how much time you have and where your case currently stands. Our team offers flexible scheduling, including after-hours appointments and online meetings, so getting answers fits into your life. You can discuss your options with experienced litigators who take timing seriously, without any obligation to proceed.
