Can I file a diminished value claim against my own insurer in Montana?

No — Montana limits DV recovery to third-party claims against the at-fault driver's insurer.

Does Montana use comparative or contributory negligence?

Montana uses the Modified comparative rule.

MONTANA (MT)

Montana Diminished Value Claim — Recover $2,500 – $10,000

Montana is a Modified comparative state with a 2 years for property damage. DV recovery is available against the at-fault driver's insurer. USPAP-compliant appraisal report delivered in 24 hours.

Get Your Free Estimate Order DV Report — $249

Fault Rule

Modified comparative

Statute of Limitations

2 years for property damage

Typical Recovery

$2,500 – $10,000

Small Claims Limit

$15,000

Montana Diminished Value Law — What You Need To Know

Montana's thin used-truck supply and high adventure-vehicle premiums (Tacomas, 4Runners, Wranglers) inflate DV recoveries above the modeled state average. Billings and Missoula auction data is reliable.

Statute citation

Mont. Code Ann. §27-2-207

Landmark case

Lampi v. Speed (Mont. 2011) — DV recoverable as property damage.

First-party DV

❌ Not available

Third-party DV

✅ Allowed

Appraisal clause

Standard in most policies

Small claims limit

$15,000

Montana Filing Tip

Lampi expressly authorizes DV — cite the case directly in the demand letter for fastest pre-suit settlement.

What Drives DV Settlements in Montana

Comparable sales of similar wreck-free vehicles in the same regional market, paired with a USPAP-compliant report citing repair severity and structural damage.

How to File a DV Claim in Montana

1
Complete repairs at a licensed body shop and obtain a complete itemized repair invoice with all OEM/aftermarket part designations.
2
Order a USPAP-compliant diminished value appraisal report grounded in Billings-area comparable sales (TOP-DV delivers within 24 hours for $249).
3
Submit a written demand to the at-fault driver's insurer with the appraisal attached, citing Mont. Code Ann. §27-2-207 and Lampi v. Speed (Mont. 2011).
4
If the carrier refuses or counters low, invoke the appraisal clause in writing.
5
Settlement typically reached within 4-10 weeks once a credible appraisal is on file.

Escalation: Montana Commissioner of Securities and Insurance

File a complaint with Montana Commissioner of Securities and Insurance

https://csimt.gov/insurance/consumers/

If the at-fault carrier refuses to negotiate after receiving a USPAP-compliant appraisal, file simultaneously with the state DOI — this regulatory pressure routinely accelerates settlement.