Montana Notice of Claim
Montana Tort Claims Act: present a claim within the limitation period; state claims: 120-day denial.
Find out where you stand in Montana
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Introduction
Under MCA 2-9-301 and 2-9-302, a Montana government claim is subject to the ordinary limitation period: 3 years for personal injury, 2 years for property. A state claim must be presented in writing and denied, and suit filed, within it (tolled 120 days).
Key Things to Know
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The deadline is strict. Montana sets no separate notice deadline: a claim is subject to the limitation of actions provided by law (MCA 2-9-302). That is 3 years for tort, personal injury and wrongful death (27-2-204) and 2 years for injury to property (27-2-207). Reading the statute or contacting the entity's clerk or risk management office confirms the current rule.
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State track: a claim against the State of Montana must be presented in writing to the Department of Administration (MCA 2-9-301(1)). Its Risk Management and Tort Defense Division is at P.O. Box 200124, Helena, MT 59620-0124.
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Local track: a claim against a county, city, school district or other political subdivision must be presented to and filed with the clerk or secretary of the political subdivision (MCA 2-9-301(3)). Ask that office which delivery method it accepts.
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For a state claim, the Risk Management and Tort Defense Division asks for a signed letter giving the date, time, place and circumstances, your estimate of damages, and your address and phone number. Ask the division whether your type of claim uses a different process.
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A state claim must be presented and finally denied before you file a complaint in district court. The Department of Administration must grant or deny the claim in writing within 120 days, and failure to dispose of it within 120 days after it is presented is a final denial (MCA 2-9-301(2)).
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The limitation period is tolled for 120 days once the Department of Administration receives a state claim. There is no separate deadline to sue after denial; the general limitation periods apply.
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Damages are capped at $750,000 for each claim and $1.5 million for each occurrence, for the state and political subdivisions (MCA 2-9-108(1)). Governmental entities are immune from exemplary and punitive damages (MCA 2-9-105).
Key decisions before you file
Before you file a Notice of Claim in Montana, a few decisions shape the document: which option to choose and what each one means. The Notice of Claim guide walks through them.
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Montana Requirements for Notice of Claim
Limitation Period Controls
MCA 2-9-302: a claim is subject to the limitation of actions provided by law, 3 years for tort, personal injury and wrongful death (27-2-204) and 2 years for injury to property (27-2-207).
State Claims to the Department
MCA 2-9-301(1): claims against the state must be presented in writing to the Department of Administration.
Local Claims to the Clerk
MCA 2-9-301(3): claims against a political subdivision are presented to and filed with its clerk or secretary.
Presentment Before Suit
MCA 2-9-301(2): a state claim must be presented and finally denied before a complaint is filed in district court.
120-Day Deemed Denial
MCA 2-9-301(2): the Department of Administration grants or denies in writing within 120 days; failure to dispose within 120 days is a final denial. The limitation period is tolled 120 days on receipt.
Damages Caps
MCA 2-9-108(1): $750,000 for each claim and $1.5 million for each occurrence. MCA 2-9-105: no exemplary or punitive damages.
State Claim Letter Contents
State claims, per the Risk Management and Tort Defense Division: give the date, time, place and circumstances, your estimate of damages, and your address and phone number, and sign the letter. For a political subdivision, ask its clerk.