By Kit Yona, M.A. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed June 06, 2024
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The beauty of Vermont is undeniable, but so are the dangers present on its often-icy roads. Auto accidents happen with unfortunate frequency. You'll likely have at least one during your driving career. There's often a great deal of confusion after a car crash, and you'll likely have questions.
Car crashes can cause serious injuries, the kind that can affect your life. When you're trying to deal with medical expenses and bodily damage, knowing how Vermont's accident compensation laws work can help bring you peace of mind during a traumatic period. Being aware of the laws means you'll know what to expect.
States govern personal injury law, with each jurisdiction having its own approach. Vermont addresses property damage as well. In many cases, auto insurance covers most or all the liability. You’re also allowed to sue for a personal injury case in Vermont.
In this article, we'll tell you what to expect with the Vermont car accident settlement process and timeline. We'll discuss Vermont car insurance laws and auto accidents before touching on police reports and how to determine who's at fault. You'll come away understanding what will happen every step of the way.
Let's dive in.
Vermont law requires that drivers have adequate liability insurance on all their vehicles. The most common method is to use an insurance policy which has the following minimum coverages:
$25,000 bodily injury per person
$50,000 bodily injury per accident
$10,000 property damage per accident
Vermont is one of 13 states that allow an alternative way to cover automotive liability with self-insurance. A deposit of $115,000 can be filed with the Commissioner of Motor Vehicles instead of insurance.
In most instances, damage and injuries from auto accidents will be covered by car accident insurance claims.
If a car accident in Vermont involves an injury or more than $3,000 of damage, an accident report must be filled out and mailed to the Commissioner of Motor Vehicles within 72 hours. The form is available here.
If law enforcement responds to the accident, you can request a copy of their police accident report from the Department of Public Safety if you know the municipality and the case number. If the State Police handled the collision scene, you must request an accident report through the Vermont Department of Motor Vehicles in Montpelier, VT. You can call them at 802-828-2000.
You will need a copy of the accident report for any insurance claim or personal injury lawsuit you pursue. For a detailed explanation of Vermont automotive laws and accident reports, take a look at FindLaw's Vermont Car Accident Law Basics article.
Vermont is an at-fault state. The driver determined to be responsible for the majority of the blame will pay the medical expenses and property damages of the others. While liability insurance covers this, as an accident victim, you may need to file a personal injury lawsuit if they don't have enough coverage.
If you're found to be more than 50% at fault for an accident in Vermont, you can't recover damages.
It's a good idea to speak with a car accident lawyer if you're considering filing a personal injury case.
Vermont allows you three years to file a personal injury claim, which is longer than most states. This is called a statute of limitations. Trying to file a case after it has expired will likely not be permitted by the court.
Wrongful death suits have a limit of only two years. There’s some leeway if the defendant was out of state during that period.
In addition to the relevant state laws, the chart below offers a step-by-step timeline of what you need to do and what you should expect from the claims process after being involved in an auto accident in Vermont.
Relevant Vermont Statutes |
Vermont Title 23 - Motor Vehicles:
Vermont Title 12 - Court Procedure:
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The Investigation Process
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Initial Settlement Offer |
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Negotiations |
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While you may envision exciting court cases being battled out between zealous and passionate attorneys, that's not often the reality. There's a good chance that if you file a lawsuit to recover damages, your case will be settled before it ever gets to court. Most cases do, as trials are a big risk that can gobble up money and time.
With a settlement, a party can get a guaranteed payout and not worry about a courtroom battle. The settlement wraps up the case with an agreed-on remedy, at which time the parties drop the pending lawsuit.
In Vermont, you can seek damages via a lawsuit through your own insurance company, the at-fault driver's insurance company, or directly from the at-fault driver.
If you've been involved in a car accident in Vermont, a personal injury lawyer's assistance can be invaluable. They can help guide you through the process of ensuring that you're fairly compensated for your damages, medical bills, and pain and suffering.
Consider contacting a Vermont car accident attorney if you have additional questions or need representation for your car accident lawsuit.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.
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