61-7-109. Written reports of accidents — additional information — form of report. (1) The operator of a motor vehicle that is in any manner involved in an accident within this state 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 shall, within 10 days after the accident, report the matter in writing to the department unless the accident was investigated and reported by a law enforcement officer as provided in subsection (3).

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Terms Used In Montana Code 61-7-109

  • accident: means any event in which a vehicle collides with any object, person, deceased person, or animal or any event in which a person is injured or killed or property damage is caused as a result of at least one vehicle's movement. See Montana Code 61-7-101
  • Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Motor vehicle: means :

    (i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;

    (ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or

    (iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101

  • Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
  • person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
  • Property: means real and personal property. See Montana Code 1-1-205
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
  • Writing: includes printing. See Montana Code 1-1-203

(2)The department may require the driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient and may require witnesses of accidents to render reports.

(3)A law enforcement officer who in the regular course of duty investigates a motor vehicle accident in which a person is killed or injured or in which damage to the property of a person exceeds $1,000, either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses, shall within 10 days after completing the investigation forward a written report of the accident to the department.

(4)The form of the accident report required under this section must contain information sufficient to enable the department to determine whether the requirements for the deposit of security for safety responsibility are inapplicable by reason of the existence of insurance or other exemptions specified in chapter 6 of this title.

(5)A report required by subsection (1) or (2) may not be used as evidence in any trial, civil or criminal, arising out of an accident.