Day: May 31, 2026

How Comparative Fault Affects Your Missoula Car Accident Claim After a car accident in Missoula, one of the first questions injury victims face is whether they can still recover compensation if the insurance company claims they were partially at fault. Montana follows a modified comparative negligence model with a 51 percent bar, meaning you may pursue damages as long as your share of fault does not exceed 50 percent. Under Montana Code Annotated (MCA) § 27-1-702, contributory fault does not bar recovery if it was not greater than the fault of the defendant or combined defendants. If you share some blame, your damages are reduced proportionally rather than eliminated entirely.