When a DUI involves a crash, a Montana court must order the convicted driver to pay full restitution for a victim's economic losses, such as medical bills, lost income, and vehicle damage. Restitution is separate from insurance and from any civil lawsuit, but the three are connected. This page explains what can be ordered and how they fit together. It is part of our Montana DUI Guide.
When a Court Must Order Restitution
Montana's sentencing statute says that if the judge finds a victim has sustained a pecuniary loss, the judge "shall, as part of the sentence, require payment of full restitution and interest to the victim," whether or not any part of the sentence is suspended (MCA § 46-18-201(5)). A victim is a person who suffers loss of property, bodily injury, or death "as a result of" the commission of an offense (MCA § 46-18-243(2)(a)(i)).
The crash offenses say so directly. A person convicted of negligent vehicular assault "shall be ordered to pay restitution" (MCA § 45-5-205(2), (3)). For that offense a judge may suspend a term of incarceration on the condition that the fine and restitution are paid, and may impose it if they are not (§ 45-5-205(4)). Our page on a DUI with a crash or a child in the car explains those charges.
What Counts as a Loss
| Category | What the statute includes | MCA |
|---|---|---|
| Out-of-pocket losses | Medical expenses, loss of income, and the cost of ordinary and necessary services the victim would have performed if not injured | § 46-18-243(1)(a) |
| Property | The full replacement cost of property taken, destroyed, harmed, or otherwise devalued | § 46-18-243(1)(b) |
| Future medical care | Future medical expenses the victim can reasonably be expected to incur, including counseling, therapy, and treatment | § 46-18-243(1)(c) |
| Case-related expenses | Reasonable expenses of attending court proceedings and of cooperating in the investigation and prosecution | § 46-18-243(1)(a), (d) |
| Funeral costs | Reasonable expenses related to funeral and burial or crematory services | § 46-18-243(1)(a) |
The definition is limited to "special damages, but not general damages, substantiated by evidence in the record." Restitution is for losses that can be shown with bills, estimates, and wage records. Pain and suffering is not part of it.
How the Amount Is Decided
- The victim documents the loss. When a presentence report is prepared, it includes an affidavit from the victim describing the loss and its replacement value. When there is no report, the court takes evidence of the loss at sentencing (MCA § 46-18-242).
- The court states a total. The judge must specify the total amount of restitution (MCA § 46-18-244(1)).
- You can contest it. In the proceeding to determine the amount, you "may assert any defense that the offender could raise in a civil action for the loss" (§ 46-18-244(2)).
That last point matters in crash cases. Whether a claimed expense was caused by the crash, whether a repair estimate is reasonable, and whether another driver shares responsibility are all questions that can be raised. The statute also counts as a victim any person or entity you voluntarily agree to reimburse as part of a plea bargain (§ 46-18-243(2)(a)(vi)), so read any restitution term in a plea agreement carefully before you sign.
How Insurance Fits In
Montana requires a motor vehicle liability policy to carry at least $25,000 for bodily injury to or death of one person, $50,000 for two or more people in one accident, and $20,000 for property damage (MCA § 61-6-103(1)). In many crashes an insurer pays some or all of the other person's losses before the criminal case is over.
Payment by an insurer does not make the loss disappear from the criminal case. The restitution statute lists as a victim "an insurer or surety with a right of subrogation to the extent it has reimbursed the victim of the offense for pecuniary loss" (MCA § 46-18-243(2)(a)(iv)). In practice, restitution requests after a crash often come from two directions: the injured person, for amounts insurance did not cover, and an insurance company, for amounts it paid.
How your own policy responds to a DUI crash, and whether your insurer will defend or pay a particular claim, is a question of your contract and of insurance law. Report the crash to your insurer as your policy requires, but talk to your defense attorney before giving any recorded statement, because statements about the crash can be used in the criminal case. Our page on car insurance after a DUI covers rates and cancellation.
How a Civil Lawsuit Fits In
MCA § 46-18-249 sets three rules:
- The victim can still sue. The restitution statutes "do not limit or impair the right of a victim to sue and recover damages from the offender in a separate civil action."
- No double recovery. Restitution you have paid must be set off against any pecuniary loss awarded to the victim in a civil action based on the same events.
- The sentencing findings stay out. The findings in the sentencing hearing, and the fact that restitution was required or paid, are not admissible in the civil action.
The restitution order can also be enforced like a civil judgment. The victim may collect it at any time, including after state supervision ends, by any method allowed for a civil judgment (§ 46-18-249(1)). A&M Law defends the criminal charge. If you are sued, whether your auto insurer provides a defense depends on your policy, and you may need a civil defense lawyer as well.
Paying, Interest, and Falling Behind
- Supervision cost. You pay an additional amount equal to 10% of the restitution ordered, but not less than $5 (MCA § 46-18-241(2)(a)).
- Where it is paid. In a misdemeanor case, to the court. In a felony case, to the Department of Corrections (§ 46-18-241(2)).
- It does not expire with probation. The duty remains until full restitution is paid, whether or not you are under supervision (§ 46-18-241(1)).
- Interest. After 6 months out of compliance, interest accrues at 3%, without compounding, once the judgment is placed with a private collector (§ 46-18-241(4)).
- Collection. State and federal tax refunds may be intercepted. On a felony, an employer may be authorized to withhold up to 25% of compensation (MCA § 46-18-244(6), (7)).
- Default. A court may bring you back under the revocation statute, but only a default caused by a lack of good faith effort supports revocation (MCA §§ 46-18-247, 46-18-203(7)(b)). See probation violations.
Your driver's license may not be suspended for nonpayment of restitution (MCA § 46-18-201(6)(b)). If circumstances beyond your control leave you unable to pay, the court may order community service, credited at the state minimum wage (§ 46-18-241(3)). Restitution is separate from the fine and surcharges, which are covered in DUI fines and surcharges.
When Someone Has Died
A person convicted of vehicular homicide while under the influence must be ordered to pay restitution for the support of each minor child whose parent or guardian was the victim, monthly, until the child turns 18 or graduates from high school, whichever is later (MCA §§ 45-5-106(4), 46-18-240). The court weighs the child's needs and the defendant's resources. A civil judgment obtained by the surviving parent or guardian either bars or offsets that order, depending on which comes first (§ 46-18-240(4)). That offense also makes any later DUI a felony, as our felony DUI page explains.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case, and it does not address your insurance coverage.