How to get a car accident report in Montana

Where to get the report

• Montana Highway Patrol Records (by mail) $2.00, mailed form, cash or check

  For crashes the Highway Patrol worked. Its Crash Records page says most of its records are confidential, it will release nothing but a crash report number by phone or email, and requests from people who are not entitled parties will be denied. Records “are not processed online”: mail the Crash Release Form with “a $2.00 non-refundable fee for all crash reports” (photos are a separate $10.00 fee), paid in cash, check or money order only; it cannot take electronic payment. A crash number is not required, but give as much detail as you can (crash date, county, nearest city, location, officer’s name, the drivers’ names, whether anyone died). On the form you certify that you are an appropriate recipient under MCA 61-7-114, say whether you are a driver, passenger, pedestrian, vehicle owner, attorney, insurer or owner of damaged property, and choose delivery by mail, fax or email. The form linked first on the page and from the FAQ gives the mailing address as Montana Highway Patrol, P.O. Box 117, Boulder, MT 59632 (an older copy also linked from the page gives 2550 Prospect Avenue, Helena, MT 59620). The Crash Release Form lists (406) 444-3278 and mhprecords@mt.gov, and the Crash Records page gives the same number and address for other records requests; the FAQ says to call the Records Section at 406-444-1965 with questions about crashes. The Highway Patrol says it does not house city or county investigated crash photos.

  Official page

• Billings Police Department (example, online) Example: $30 via BuyCrash, card

  Example of a city agency, from its own page: the Billings Police Department says accident reports are available for $30, payable by debit or credit card, through BuyCrash, and to allow 10 business days after the crash for the report to be available; citizens and their insurance companies may buy reports through this service. Questions: Police Records, (406) 657-8460.

  Official page

• Missoula Police Department (example, by phone) Example: $7 if involved; call first

  Example from the city’s own page: the Missoula Police Department asks you to call 406-552-6303 before requesting a report, and takes requests and payments by phone. Its fees, set by the Missoula City Council, are $7.00 for an involved party (any victim, suspect, witness, business or other person listed on the report), $26.00 for a third party or the public at large, and $26.00 for photos if available. It says accident reports and photos are confidential under MCA 61-7-114, that only people involved and entities with a monetary interest such as insurers can receive a copy, and that third parties such as attorneys need a release authorization from an involved person (its Accident Request Form). It aims to provide reports within 7 to 10 business days of receiving the request, later if the crash is still under investigation or the officer has not finished the report.

  Official page

• Helena Police Department (example, city crashes) Example: $15 per crash report

  Example from the city’s own page: the Helena Police Department files crash reports for crashes within the City of Helena, and says that for crashes outside the city limits, or investigated by another agency, you should contact the Montana Highway Patrol at (406) 444-3278. Crash reports go only to the people listed on the officer’s report, including property owners, insurance companies, drivers and vehicle owners; an insurer or attorney not listed on the report needs an authorization to release or assignment of rights signed by the involved party, on company letterhead. Pick the report up in person at the Law Enforcement Center, or by mail send a copy of your driver’s license, a self-addressed stamped envelope and a $15.00 check made out to the Helena Police Department; its fee list (updated April 2, 2024) shows $15.00 for an accident or crash report. The page also links CrashDocs.org without stating a price there, and says the Records Division will not fax crash reports. Records clerks: 406-447-8469, Monday to Friday 8:00 a.m. to 4:30 p.m.; mail to Helena Police Department, Attn: Records, 406 Fuller Ave, Helena, MT 59601. For any other city or county, ask the agency that responded.

  Official page

When you must report a crash in Montana

Injury, death or $1,000+: call police

Immediate notice (MCA 61-7-108): a driver who knows or reasonably should have known of being in a crash that results in injury to or death of any person, striking the body of a deceased person, or property damage “to an apparent extent of $1,000 or more” must immediately, by the quickest means of communication, notify the local police department if the crash is within a municipality, and otherwise the county sheriff’s office or the nearest office of the Montana Highway Patrol. If the driver is physically incapable and another occupant can, the occupant must give the notice (61-7-110(2)). The Highway Patrol’s White Form still prints the older $500.00 figure; the statute now says $1,000. Stop and remain (61-7-103): a driver who knows or reasonably should have known of being in a crash with another person or a deceased person must stop immediately at or as close to the scene as possible, without obstructing traffic more than necessary, and remain until the duties in 61-7-105 are met. Those duties (61-7-105): give your name, address and the registration number of the vehicle you are driving, and on request and if available show your driver’s license, to the person struck or the driver or occupant of, or person attending, any vehicle hit; give any injured person reasonable assistance, including transport or arranging transport for medical treatment when it is apparently needed or the injured person asks; and, if anyone is injured, killed or otherwise incapacitated, or if notice is required under 61-7-108, remain at the scene until an on-duty peace officer with authority to investigate gives you express permission to leave, unless you reasonably believe you must leave to get emergency medical care for someone in the crash or to give the 61-7-108 notice. You may not delegate these duties. Unattended vehicle (61-7-106): stop immediately and either find and tell the operator or owner the name and address of the driver and owner of the striking vehicle, or leave a written notice in a conspicuous place in the vehicle struck with those names and addresses and a statement of the circumstances. Fixtures or other property on or next to a highway (61-7-107): take reasonable steps to find and notify the owner or person in charge, give your name and address and the vehicle’s registration number, show your license on request if available, and report the crash as 61-7-109 requires. These rules apply on highways and elsewhere throughout the state (61-7-102). Penalties (61-7-118): violating 61-7-103, 61-7-105 to 61-7-110 or 61-7-112 to 61-7-114 is a misdemeanor; a first conviction carries a fine of $200 to $300 or up to 20 days in jail, a second within 1 year $300 to $400, up to 30 days, or both, and a third within 1 year $400 to $500, up to 6 months, or both. A driver who fails to comply with 61-7-103 or 61-7-105 in a crash that injures anyone faces 30 days to 1 year, a fine of $100 to $5,000, or both; where the crash causes serious bodily injury or death, or the driver strikes the body of a deceased person, the penalty is 1 to 10 years in the state prison, a fine of up to $50,000, or both, and the department must revoke the driver’s license.

The driver report you may have to file

No officer; hurt or over $1,000: 10 days

MCA 61-7-109(1): the operator of a motor vehicle involved in any crash in Montana in which a person is killed or injured, or in which damage to the property of a person “in excess of $1,000” is sustained, must report the crash in writing to the department (the Department of Justice, 61-1-101) within 10 days, unless the crash was investigated and reported by a law enforcement officer. The department may require supplemental reports from drivers and reports from witnesses (61-7-109(2)). If the driver is physically incapable and is not the owner, the owner must make the report within 10 days after learning of the crash (61-7-110(3)); no report is required from a person during physical incapacity (61-7-110(1)). The form: the Highway Patrol, part of the Department of Justice, publishes the “White Form,” its self-reporting Vehicle Crash Report (HQ 1598), and says it is typically advised when all parties have left the scene, the crash happened on private property, or for other reasons the responding officer decides; it does not generate a crash number, but you can include the dispatch log number created when you called police. The form itself says that if the investigating officer or agency does not produce a written report and the damage is over $1,000.00, the operator must report the crash within ten days in writing to the department at Montana Highway Patrol, P.O. Box 117, Boulder, MT 59632; the Crash Records page also accepts it by fax at 406-444-4169 or email to MHPRecords@mt.gov. Penalties: the department may suspend the license or driving privilege of anyone who fails to report a crash until the report is filed (61-7-111(3)), failing to file is a misdemeanor under 61-7-118 (a first conviction is a fine of $200 to $300 or up to 20 days in jail), and knowingly giving false information in a report is punishable by a fine of up to $500, up to 6 months in jail, or both (61-7-110(4)). A driver’s report may not be used as evidence in any civil or criminal trial arising out of the crash (61-7-109(5)). A city may also require by ordinance that drivers file a report, or a copy of the state report, with a city department (61-7-116); ask the police department where you crashed.

What the report costs

MHP $2.00; local fees vary by agency

We found no Montana statute that sets a crash report fee; MCA 61-7-114 controls who may get a report but names no price. The Highway Patrol charges a $2.00 non-refundable search fee per crash report and $10.00 for photos, in cash, check or money order. Its Crash Records page calls the $10.00 photo fee non-refundable, while its FAQ says that fee will be refunded if photos are not available. Local agencies set their own fees. Examples from each agency’s own page: Billings, $30 through BuyCrash by debit or credit card; Missoula, $7.00 for an involved party, $26.00 for a third party, and $26.00 for photos; Helena Police, for crashes inside the city, $15.00 per crash report. Ask the responding agency for its current fee before you pay.

When the report is ready

Officer: 10 days after investigation

An officer who investigates a crash with death, injury or property damage over $1,000 must forward a written report to the Department of Justice within 10 days after completing the investigation (MCA 61-7-109(3)); the investigation itself can take longer. The Highway Patrol says the 10 to 14 day period mentioned on its Crash Release Form or the Crash Exchange Form the trooper gives you “is not a deadline for producing records,” that a request may take longer if it is voluminous or the records are kept elsewhere, and that its Records Department will try to keep you told of timeframes. Examples: Billings says to allow 10 business days after the crash; Missoula aims for 7 to 10 business days after it receives your request, later if the crash is still under investigation or the report is unfinished. Retention: we found no Montana statute or official page stating how long crash reports are kept.

Who can get a copy

Listed people; public only redacted

Crash reports and supplemental information filed under the Act are confidential and not open to general public inspection (MCA 61-7-114(2)). The report and supplemental information filed by law enforcement, including witness statements, may be examined and copied without a court order by: (a) a person named in the report or involved in the crash; (b) that person’s representative designated in writing, or that person’s insurance carrier; (c) a party to a civil action arising from the crash; (d) if the person has died, the executor or administrator, or the attorney representing the executor or administrator; and (e) the general public, including businesses, for research into the history of vehicles, but in that case the department may not disclose the name, address or phone number of, or other information identifying, any reporting person, victim, peace officer, other person or insurer. Reports are also for the confidential use of the department and other government agencies for accident prevention, roadway design, motor carrier safety monitoring and financial responsibility law (61-7-114(1)). The Highway Patrol’s form lists any person named on the report (including companies), any driver, passenger or pedestrian involved or person whose property was damaged, a party to a civil action, a deceased person’s executor or administrator or the attorney or insurance agent representing them designated in writing, anyone designated in writing by an involved person, and those persons’ insurers (life, health, auto and workers’ compensation), and its page adds a parent or legal guardian of a minor involved in the crash, law enforcement officers and government agencies acting in an official capacity. A representative such as an attorney or other agent must be designated in writing by the person involved (61-7-114(2)(b)); Missoula, for example, asks attorneys for a release signed by an involved individual.

What to do now

1. 1

   Call police if the law requires it

   If anyone is hurt or killed, or damage appears to be $1,000 or more, call city police, or outside a city the sheriff or Highway Patrol. If another person was involved, stay until an officer lets you leave unless you must go for emergency care or to make that call.

2. 2

   Get the agency and case number

   Ask the officer which agency is writing the report and for the crash or case number. The Highway Patrol does not require the number but finds reports faster with it.

3. 3

   Mail MHP’s Crash Release Form with $2

   For a Highway Patrol crash, sign the form as an entitled party and mail it with $2.00 in cash, check or money order; add $10.00 for photos.

4. 4

   Or ask the city police or sheriff

   Each local agency sets its own process and fee. If you are someone’s representative, include that person’s written designation of you.

5. 5

   File a White Form if no officer reported

   If no officer investigated and anyone was hurt or damage is over $1,000, send the Highway Patrol’s White Form within 10 days of the crash.

Frequently asked questions