Vermont Car Accident Laws & Regulations

Insurance System & Requirements

System type: Vermont operates under a tort liability system, meaning that the driver who causes an accident is responsible for the damages. Unlike no-fault states, Vermont drivers can pursue claims against the at-fault party for medical expenses, property damage, and other losses. 

Minimum liability required: Vermont law mandates that all drivers carry at least a minimum liability insurance to cover damages that may result from an accident. According to Title 23, Chapter 011 of Vermont's statutes, the minimum required amounts are:

• $25,000 for bodily injury or death to one person
• $50,000 for bodily injury or death to two or more persons in a single accident
• $10,000 for property damage in any one crash

If a driver opts out of purchasing insurance, Vermont has provisions for self-insurance. If a person has a net unencumbered capital of at least $115,000, they can file evidence of self-insurance with the Commissioner of Motor Vehicles as proof of insurance. 

Uninsured and underinsured motorist coverage (UM/UIM): Vermont requires UM and UIM coverage to protect drivers when the at-fault party lacks sufficient insurance.

• UM coverage: Covers bodily injury expenses if the at-fault driver has no insurance
• UIM coverage: Covers the gap when the at-fault driver’s insurance limits are too low

The minimum requirements for both are: 

• $100,000 for two or more people injured or killed in an accident
• $50,000 for one person 
• $10,000 for property damage

Optional coverages: 

• Comprehensive coverage: This covers damages to your vehicle caused by non-collision incidents, such as theft, vandalism, or damage due to weather events like hail or falling trees
• Collision coverage: This type of insurance pays for damages to your vehicle resulting from a collision with another vehicle or a stationary object, such as a fence or telephone pole
• Medical Payments (MedPay): This coverage helps pay for medical expenses related to injuries sustained in an accident, regardless of who is at fault. It covers both the policyholder and passengers in the vehicle
• Rental car reimbursement: If your vehicle is in the shop for repairs due to a covered accident, this insurance helps pay for a rental car until your car is ready for use again
• Roadside assistance: This coverage provides help if your car breaks down or if you encounter issues like a flat tire or dead battery. It covers towing services, flat tire changes, fuel delivery, and more

Rideshare insurance requirements: Vermont rideshare drivers and companies must maintain specific insurance coverage depending on the stage of the rideshare service.

• During the waiting period: When a driver is logged into the application, but a ride hasn’t been accepted, drivers must carry the following coverage:
  • $50,000 for injury or death per person
  • $100,000 total per accident for all injuries or deaths
  • $25,000 for property damage
• During a ride: When a passenger is in the vehicle, or a ride has been accepted, drivers must carry a minimum of:
  • $1,000,000 for liability coverage
  • $5,000 in MedPay coverage
  • $1,000,000 in UM/UIM coverage

Penalties for non-compliance: Failure to comply with Vermont's insurance requirements can lead to severe penalties. If you're caught driving without the required insurance or failing to provide proof of insurance when asked, you could face fines or suspension of your driver’s license and vehicle registration. For example:

• A person caught without insurance may be fined up to $500
• If you fail to show proof of insurance after being stopped by law enforcement, you could face a $100 fine unless you provide evidence of coverage within seven business days

Fault & Negligence Laws

Modified comparative negligence

In Vermont, the modified comparative negligence rule means you can still get damages even if you’re partly at fault for the accident as long as your negligence is not greater than the combined negligence of the defendant(s). If you’re found to be at fault, your damages will be reduced by your percentage of fault. For example, if you’re awarded $30,000 but found to be 40% at fault, your compensation will be reduced by $12,000 (40% of $30,000), and you’ll receive $18,000. However, you can't get any damages if you’re 51% or more at fault.

Multi-vehicle collisions

Vermont also applies the comparative negligence rule to assign fault proportionally among all involved parties in multi-vehicle accidents. Each driver’s liability is determined based on the degree of negligence attributed to them. 

Even if you're partly at fault, you can still recover damages, but your share will be reduced based on how much fault is assigned to you.

Passenger rights

Modified comparative negligence also applies to passengers in car accidents. However, passengers are rarely found responsible unless it is proven they have breached their duty of care. In this case, passengers can seek compensation from the party or parties at fault. 

Statute of Limitations

Personal injury: You have three years from the accident date to file a personal injury claim.

Wrongful death: If the accident results in death, the claim must be filed within two years of the individual's death.

Property damage: Claims for property damage must be filed within three years of the accident.

Claims against the government: Vermont law states that the state is subject to the same rules and deadlines as private parties when filing lawsuits. For personal injury and property damage claims against the state, you must file within three years from the accident date. Wrongful death claims against the state must be filed within two years of the individual’s death.

Exceptions to the statute

• Minority, incapacity, or imprisonment: If the person entitled to bring the action is a minor, mentally incapacitated, or imprisoned, they may bring the action after the disability is removed
• Discovery rule: If the injury or damage was not immediately apparent, the statute of limitations begins when the injury or damage is discovered or should have been discovered
• Absence from state: If the person is absent from the state when the cause of action accrues, the time they are absent does not count toward the statute of limitations
• Fraud: If the cause of action is fraudulently concealed, the statute of limitations period is suspended until the fraud is discovered

Procedures for MVAs & Police Involvement

When to file a report

Injury or death: Drivers are legally required to report any accident that results in bodily injury or loss of life.

Property damage: In the event of an accident resulting in property damage that exceeds $3,000, it is mandatory to file a report.

Filing a report

• Notify the nearest law enforcement agency immediately
• At the scene: If law enforcement is present, they will file an official Uniform Crash Report (UCR)
• By mail: If no law enforcement arrives at the scene, the driver must download and complete the Crash Report form from the Vermont DMV website and mail it within 72 hours to:

    Vermont DMV
    120 State Street
    Montpelier, VT 05603-0001

Accessing accident reports

• In-person: Visit your local law enforcement agency to request a copy of your accident report
• Online: Visit the Vermont Police Reports and Public Records website and submit a request form to access reports submitted by you or someone else involved in the accident. A $20 fee applies for this request. Additionally, you can view the status of your request on their website
• By mail: For accident reports investigated by the Vermont State Police, you can fill out a form for a fee of $22 and mail it to: 

Department of Motor Vehicles
Driver Improvement Unit
120 State Street
Montpelier, VT 05603

Types of Compensation Available & Their Limits

In Vermont, there are three main types of damages that a plaintiff may be awarded in a personal injury claim: 

• Economic damages: These cover tangible, out-of-pocket expenses, such as medical bills, lost wages, and property damage
• Non-economic damages: These compensate for intangible losses like pain and suffering, emotional distress, and loss of quality of life
• Punitive damages: Awarded to punish the at-fault party for particularly reckless or malicious conduct and to deter similar actions in the future

Limitations: The state of Vermont does not place a cap on any of these types of damages in personal injury cases.

Claims against the government: If you’re filing a claim against the state, the maximum liability the state can be held for is $500,000 for any individual and $2,000,000 for all people involved in the same incident.

Medical Payments & Health Coverage

At-fault driver's insurance: If another driver caused the accident, their liability insurance may cover your medical bills after your own coverage is exhausted, provided their insurance is sufficient

MedPay coverage: MedPay is an optional coverage on your auto insurance policy that can pay for medical expenses regardless of fault

UM/UIM coverage: If the at-fault driver doesn’t have insurance or enough insurance, your own UM/UIM coverage may help cover medical bills and other damages

Your health insurance: If your auto insurance doesn't cover all of your medical expenses, your health insurance can help fill the gap, depending on your policy terms.

Medical liens: If you recover money from a third party, healthcare providers who treated your injuries may place a medical lien on that settlement or award to recover the costs they paid for your medical care

Subrogation: Subrogation occurs when your health insurance or MedPay provider pays for your medical treatment, and then they have the right to seek reimbursement from the at-fault driver’s insurance or your settlement

Out-of-pocket payments: If any of the above options are not available, you might have to pay for medical expenses out of pocket

Unique Local Considerations

Vermont’s natural beauty and rural roads contribute to a unique set of challenges for drivers. Navigating the state’s diverse terrain and weather conditions requires vigilance and care.

• Winter weather hazards: Vermont winters are notorious for heavy snow and icy conditions. Driving during these months can be hazardous, particularly on rural roads or highways. Drivers should equip their vehicles with snow tires, chains when necessary, and exercise extra caution in areas prone to black ice or snowdrifts
• Spring and fall hazards: Spring and fall bring specific challenges, such as flooding from melting snow or rain, and slippery roads due to fallen leaves. Drivers should be cautious when navigating wet or leafy roads, as these conditions can reduce traction and increase the risk of accidents
• Wildlife and animal crossings: Vermont’s rural roads are home to frequent wildlife crossings. Deer, moose, and smaller animals like squirrels and raccoons are common hazards, particularly at dawn and dusk. Deer collisions can cause significant damage and injuries, and drivers should take extra care in these high-risk zones

You can use New England 511 to access real-time road conditions in Vermont. This service provides up-to-date information on traffic, weather, and road closures, helping you stay informed and plan your travels accordingly.

Local Resources & Contacts

Vermont Department of Public Safety (DPS): https://dps.vermont.gov/

Vermont Department of Motor Vehicles (DMV): https://dmv.vermont.gov/

Vermont State Police (VSP): https://vsp.vermont.gov/