Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar
Circuit # 9

>Photo of Montana

Med Pay Subrogation - Yes
PIP Subrogation - No

Statute of Limitations

  • Statute of Repose: Products N/A
  • Statute of Repose: Real Property 10 years
  • Breach of Contract (Written) 8 years
  • Personal Property 2 years
  • Personal Injury 3 years
  • Warranty N/A
    • Breach of Express Warranty 4 years
    • Breach of Implied Warranty 3 years

Able to Pursue Owner

Sue Owner for Negligence – NO
Suspend Owner’s License – NO

Deductible Reimbursement

Deductible must be demanded and reimbursed before insurer can subrogate. Ferguson v. Safeco Ins. Co. of America, 180 P.3d 1164 (Mont. 2008).


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
Wage attachment allowed.  There is no continuous garnishment for employees provided by the Montana Legislature. The wage exemption statute is identical to the Federal exemption statute and an execution writ is good for 60 days

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $2,500
Liability imposed when child willfully or maliciously damages property (does not apply to damages done to businesses)

Subrogation by Landlord's Carrier against Tenant


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.