Vermont Car Accident Laws

Vermont has a three-year deadline for filing a lawsuit in court over car accident injuries, and Vermont's "modified comparative fault" rule will govern situations where more than one person is at fault for a crash. You also need to report most Vermont car accidents that result in injury or over $3,000 in property damage.

Those are just some of the laws to know if you're in any kind of traffic accident in Vermont. Let's take a closer look.

The Vermont Car Accident Statute of Limitations

A "statute of limitations" is a state law that sets a strict time limit on your right to bring a lawsuit to court. In Vermont, lawsuits over car accident injuries or damage to a vehicle or other property must be filed within three years, according to 12 Vt. Statutes section 512. For these cases, the three-year "clock" starts running on the date of the accident.

But if someone died as a result of the accident, and the deceased person's representative wants to file a wrongful death claim against the person who caused the crash, the deadline for starting that case is two years from the date of the deceased person's death (and remember that the date of the death might be different from the date of the accident). That statute of limitations is set by 14 Vt. Statutes section 1492. Learn more about Vermont's wrongful death laws.

What Are the Consequences of Missing the Statute of Limitations Deadline?

Whichever deadline applies, if you try to file your Vermont car accident lawsuit after the time limit has passed, you can count on the defendant (the person you're trying to sue) pointing out that discrepancy to the court as part of a motion to dismiss. The court will almost certainly grant the motion (unless some rare exception applies to extend the filing deadline), and that will be the end of your case. That's why it's crucial to understand how the statute of applies to your situation.

Does the Vermont Statute of Limitations Apply to Car Insurance Claims?

No, the statute of limitations doesn't apply to a car insurance claim. Any insurance company, whether your own or the other driver's, is going to require you to make a claim—or at least give the insurer notice of an incident that could trigger a claim—"promptly" or "within a reasonable time" after the accident. That usually means a matter of days, or a few weeks at most.)

Even if you're confident that your case will be resolved through the car insurance claim process, you'll want to leave yourself plenty of time to file a lawsuit in case you need to—if for no other reason than that you'll have more leverage during settlement talks.

What Happens If Both Drivers Are at Fault for a Vermont Car Accident?

Suppose you're seriously injured in a Vermont car accident, and you take your case to court. The jury, after hearing all the evidence, decides that the other driver was responsible for the accident—but that you too bear part of the blame. What happens next? How does this verdict affect your right to compensation?

Vermont is a "modified comparative negligence" state. This means you can still recover damages in a car-accident-related lawsuit, but your award will be reduced according to your share of negligence—and importantly, your share of liability must not exceed 50 percent in order to recover from other at-fault parties. (12 Vt. Statutes section 1036.)

For instance, suppose that the jury determines that your injuries, pain and suffering, and other losses total $10,000. However, the jury also thinks that you were ten percent responsible for the crash. In that situation, the total amount of your damages, $10,000, is reduced by ten percent, or $1,000, leaving you with a total award of $9,000.

The comparative negligence rule binds Vermont judges and juries (if your car accident case winds its way to trial), and it will also guide a car insurance claims adjuster when he or she is evaluating your case. Also keep in mind that since there is no empirical means of allocating fault, any assignment of liability will ultimately come down to your ability to negotiate with a claims adjuster or to persuade a judge or jury.

Do I Need to Report a Car Accident in Vermont?

In Vermont, the driver of a vehicle involved in an accident must report the crash if:

• a person is injured, or
• there is total property damage of $3,000 or more.

Such accidents must be reported to the Vermont Department of Motor Vehicles, within 72 hours of the incident, on a completed Report of a Motor Vehicle Crash form. (See 23 Vt. Statutes section 1129 for those rules.)

Vermont Car Insurance Requirements

In almost every Vermont car accident scenario, insurance coverage is sure to play a key role, so it's important to understand the state's liability auto insurance requirements and other coverage rules that could affect your car accident claim. Get the details on Vermont's car insurance rules.

Can I Drive a "Salvage" Vehicle in Vermont?

No. A vehicle that's been labeled a "salvage" in Vermont—typically one that's been declared a "total loss" by a car insurance company after an accident—can't legally be driven on the state's roads and highways. But you can have the vehicle repaired and inspected, and you can then apply for a "Rebuilt" title with the Vermont DMV, which will let you re-register and legally drive the vehicle.