At-Fault (Tort)VT

Insurance Claim Rights in Vermont

Vermont is an at-fault state with modified comparative fault and a 50% bar. The state requires mandatory uninsured/underinsured motorist coverage that matches your liability limits by default. Vermont has a 3-year statute of limitations for both personal injury and property damage claims. The state's low property damage minimum of $10,000 may be insufficient for many accidents.

25/50/10

Min. Liability

3 yrs

PI Deadline

3 yrs

PD Deadline

Yes

Diminished Value

Fault System

How Vermont's At-Fault (Tort) System Works

Vermont is an at-fault (tort) state. This means the driver who caused the accident is financially responsible for the other party's damages. After an accident, you file a claim against the at-fault driver's insurance company. If the claim is denied or undervalued, you have the right to file a lawsuit to recover your damages.

Deadlines

Statute of Limitations in Vermont

Personal Injury

3 Years

You have 3 years from the date of the accident to file a personal injury lawsuit in Vermont. Missing this deadline permanently bars your right to seek compensation for medical bills, lost wages, and pain and suffering.

Property Damage

3 Years

For property damage claims (vehicle repairs, total loss, personal property), Vermont allows 3 years to file a lawsuit. This includes diminished value claims if applicable. Report damage to your insurer as soon as possible: report to insurer within 30 days; 3-year lawsuit deadline.

Coverage Requirements

Minimum Auto Insurance in Vermont

Vermont requires all drivers to carry at least 25/50/10 in liability coverage. These numbers represent the minimum bodily injury per person / bodily injury per accident / property damage limits in thousands of dollars. While these are the legal minimums, higher coverage is strongly recommended.

Bodily Injury / Person

$25,000

Maximum per injured person

Bodily Injury / Accident

$50,000

Maximum per accident total

Property Damage

$10,000

Maximum for property damage

Diminished Value

Diminished Value Claims in Vermont

Vermont Allows Diminished Value Claims

After an accident in Vermont, your vehicle may lose market value even after high-quality repairs — this is called "diminished value." Vermont allows you to file a diminished value claim against the at-fault driver's insurance to recover the difference between your vehicle's pre-accident and post-repair market value. The amount recoverable depends on the vehicle's age, mileage, damage severity, and repair quality.

Calculate your diminished value

Key Laws

Important Insurance Laws in Vermont

1

Vermont follows a modified comparative fault rule with a 50% bar (12 V.S.A. § 1036).

2

Uninsured/underinsured motorist coverage is mandatory in Vermont and must equal your liability limits unless you choose lower amounts.

3

Vermont requires insurers to make a claims decision within 30 business days of receiving all required documentation.

Resources

Vermont Department of Insurance

If you have a complaint about your insurance company or need help with a claim dispute in Vermont, contact the state Department of Insurance. They regulate insurance companies operating in Vermont and can assist with claim disputes, bad faith complaints, and coverage questions.

Vermont Department of Financial Regulation

FAQ

Frequently Asked Questions About Vermont Insurance Claims

Is uninsured motorist coverage required in Vermont?

Yes, Vermont requires uninsured and underinsured motorist coverage. By default, your UM/UIM coverage must equal your liability limits. You can choose lower amounts, but the coverage cannot be rejected entirely.

How does Vermont's comparative fault system work?

Vermont uses modified comparative fault with a 50% bar. If you are 50% or more at fault, you cannot recover any damages. If you are less than 50% at fault, your recovery is reduced proportionally by your fault percentage.

What is Vermont's statute of limitations?

Vermont has a 3-year statute of limitations for both personal injury and property damage claims from a car accident. The clock starts running from the date of the accident.

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