Yes. Montana allows injury claims against the State, counties, cities, school districts, and other political subdivisions when a government employee's negligent or wrongful act, within the scope of their job, caused the injury and a private person would be liable for the same thing (MCA § 2-9-101). The difference is in the process and the limits. The claim starts in writing with the government body, not in court, and the law caps what a government can be made to pay. This page covers the mechanics. It is part of the Compare section of our Montana Injury Claim Guide.
The Steps and Limits in One Table
| Step or rule | What the statute says | MCA |
|---|---|---|
| Against the State | Present the claim in writing to the Department of Administration. You may not file in district court until the department has finally denied it. | § 2-9-301(1), (2) |
| The department's answer | It must grant or deny the claim in writing within 120 days. No decision in 120 days counts as a final denial. | § 2-9-301(2) |
| Your filing deadline | Paused for 120 days once the department receives the claim. | § 2-9-301(2) |
| Against a city, county, school district, or other political subdivision | Present the claim to and file it with the clerk or secretary of that body. | § 2-9-301(3) |
| The most a government body pays | $750,000 for each claim and $1.5 million for each occurrence. | § 2-9-108(1) |
| Punitive damages | Not available against the State or other governmental entities. | § 2-9-105 |
Who Counts as the Government
The statute uses two terms. The "state" means the State of Montana and its offices, departments, agencies, boards, commissions, institutions, hospitals, colleges, and universities. A "political subdivision" means a county, city, municipal corporation, school district, special improvement or taxing district, other political subdivision or public corporation, or an entity created by agreement between two or more political subdivisions (MCA § 2-9-101).
The claim has to come from the act of a government "employee", which includes officers, officials, and people acting for the entity in an official capacity, but not an independent contractor working under a contract with it. If a private contractor was doing the work, the claim may be against the contractor instead, under the ordinary rules.
Claims Against the State
A claim against the State must be presented in writing to the Department of Administration. A complaint based on that claim may not be filed in district court until the department has finally denied the claim. The department must grant or deny it in writing within 120 days of receiving it, and if it does not, the claim is considered finally denied. Once the department receives the claim, the statute of limitations on it is paused for 120 days (MCA § 2-9-301).
Within the department, the Risk Management and Tort Defense Division handles claims against state agencies and universities. Its claims pagesays that people who suffer personal injuries or property damage as a result of a state agency's or university's negligence may file a claim with the division.
Claims Against a City, County, or School District
A claim against a political subdivision must be presented to and filed with the clerk or secretary of that political subdivision (MCA § 2-9-301(3)). In practice that means finding the right office: the city clerk for a city, the county clerk for a county, the clerk of the school district for a school bus. Put the claim in writing, describe what happened, when and where, and the injuries and losses, and keep proof of when it was delivered.
Situations where this comes up include a crash with a city bus or a county plow, an injury caused by a road crew, or a collision with a state vehicle. The government body that employs the driver or crew is the one the claim goes to.
The Caps, and Why They Matter
The State, a county, a municipality, a taxing district, or any other political subdivision is not liable in a tort action for damages above $750,000 for each claim and $1.5 million for each occurrence (MCA § 2-9-108). All claims arising from injury to or death of a single person count as one claim, however many people are claiming (MCA § 2-9-101). Government bodies are also immune from exemplary and punitive damages (MCA § 2-9-105).
The caps matter most when injuries are severe or several people were hurt in the same crash. They also matter when a government body and a private party share responsibility, because the private party's insurance is not subject to the government cap. Our page on what affects the value of an injury claim covers the other limits on a recovery, and settle or file a lawsuit compares the two paths once a claim is denied.
Do Not Let the Extra Step Cost You Time
The written claim is a step most people do not know about, and it comes before any lawsuit. The general filing deadlines for injury claims still apply, including 3 years for most injuries (MCA § 27-2-204), and the only pause the statute gives is the 120 days after a state claim is received. Start early, and keep copies of everything you send. Our page on when to hire an injury lawyer puts this step next to the other deadlines that make early advice matter.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your situation. Claims against the federal government, tribal governments, or another state follow different rules.