How Much is Your Claim Worth?
How Much is Your Claim Worth?
See how to protect your rights and build a strong injury claim after a Vermont car accident.
On average, 11 people are injured or killed each day in vehicle accidents on Vermont roadways.¹
Vermont is a traditional fault state, meaning you can seek injury compensation from the at-fault driver after an accident. In most cases, you’ll start by filing a claim with the driver’s auto insurance company.
Drivers who violate Vermont car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Here are five steps you can take after a crash to help protect your interests.
Vermont drivers are required to stop at the scene of an accident involving injuries or property damage. The law says you must give the other driver your name, address, and license number, as well as the name of the owner of the vehicle you were driving, if it’s not yours.
If you hit a parked and unattended vehicle in Vermont, you must try to find the owner and give them your name, address, and license number, as well as the name of the owner of the vehicle you were driving, if it’s not yours. You must provide the same information to police.
In Vermont, drivers are required to file a written report for any accident that involves an injury, death, or property damage over $3,000.
Vermont requires drivers to stop and render reasonable assistance to anyone injured in the accident. Call 911 to report the crash and ask for medical assistance.
No. Vermont has a “Good Samaritan” law that protects anyone from civil liability who provides care or services in good faith during an emergency, such as a motor vehicle accident.
After a serious car accident, shock and adrenaline can mask symptoms of potentially severe injuries.
Never refuse or delay medical attention after an accident. A delay not only risks your health, it gives the insurance adjuster a handy excuse to deny or minimize your claim. The adjuster can say your injuries weren’t caused by the accident, or that you failed to mitigate your damages.
Let the medics look you over at the scene. If they want to take you to the hospital, go with them. If you don’t go to the hospital in an ambulance, visit an urgent care center or see your own doctor, preferably on the same day.
Tell your care provider about every injury and symptom, not just the most painful ones. You are entitled to compensation for all your injuries, but you need detailed medical records linking all your injuries to the accident.
Yes. You are entitled to claim the cost of a full medical evaluation after an accident, including the cost of x-rays, lab work, or other tests needed to rule out more serious injuries. You’ll need copies of your medical records to support your claim.
Whether you file an insurance claim or lawsuit, the burden is on you to prove the other driver caused the accident. You’ll need evidence to show that the driver did something wrong or failed to do what a reasonable person would do to prevent the crash.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
Police crash reports may be ordered from the Vermont Police Reports Public Records Service for a small fee.
Violation points remain on your Vermont driving record for two years.
If you decide to handle your own injury claim you’ll need to notify both your own insurance company and the at-fault driver’s company as soon as possible after the accident. If you decide to hire an attorney, they will take care of all communications with the insurance companies.
You don’t have to wait until you’re fully healed to notify the other driver’s insurance company of your intent to file a claim. You can expect to get an acknowledgment letter with a claim number and your claims adjuster’s contact information.
Don’t be surprised to get a call from the adjuster with a quick settlement offer. Acting like they’re doing you a favor is an adjuster tactic to see if they can get rid of you fast and cheap. The adjuster is not your friend. It’s usually not in your interest to settle your claim before recovering from your injuries. It’s okay to say you don’t want to discuss settlement while still treating your injuries.
Your auto policy is a contract between you and the insurance company. All personal auto policies have a notification and cooperation clause. This means you have a contractual obligation to let the company know there was an accident.
In return, your insurer has a duty to defend you if you’re sued by anyone involved in the crash. If you fail to notify your insurance company or don’t cooperate with their investigation into the accident, you could lose those valuable protections.
When you hire an attorney, the attorney will deal with both insurance companies while you focus on healing. The insurance adjusters won’t be allowed to contact you, as all communication must go through your attorney.
Severe or complicated cases should always be handled by an experienced personal injury attorney to be sure you get maximum compensation.
Vermont has a three-year statute of limitations for most personal injury claims. Adults must settle their claim or file a lawsuit within three years of the accident date.
Vermont is a traditional fault state. After a car accident, you have the right to file an insurance claim or a lawsuit against the at-fault driver and other liable parties. At-fault parties can include the driver, the vehicle owner, or the driver’s employer if he or she was on the job when the accident happened.
The burden is on you to prove the other driver did something wrong, or failed to do what any prudent driver would do. You must prove the other driver’s fault to the insurance company or a jury.
Fault for a rear-end collision usually falls on the driver who was following too closely to stop safely.
Vermont traffic law requires drivers to allow a reasonable distance between vehicles, depending on traffic and road conditions.
Side-impact collisions are most often caused by drivers who fail to yield the right of way when entering an intersection or when turning left.
Driving left-of-center is almost always the cause of head-on collisions. Vermont requires drivers to stay on the right side of the roadway, unless the left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit overtaking.
Vermont is a 51 percent modified comparative fault state, meaning victims can seek compensation from the other party, unless they are more to blame than the other party. The final compensation will be reduced by the shared percentage of fault.
Example of Modified Comparative Fault in Vermont
Ralph was driving on Day Lane in Williston, approaching Zephyr Road. He was headed home from work. It was getting dark and the roads were slushy.
Norton was heading home from work, traveling on Zephyr road, arguing with his wife on the phone as he approached the intersection with Day Lane. The argument began as soon as he got off work and into his car. It was still light when he left, and he didn’t notice that he didn’t have his headlights on as it grew dark.
Ralph began to make a left onto Zephyr just as Norton entered the intersection, and they collided. Both drivers were injured in the crash. Ralph was ticketed for making a left turn into oncoming traffic. The police report also contained statements from witnesses that Norton was driving without his headlights on.
Norton made a $50,000 demand to Ralph’s insurance company. The company blamed Norton for driving without lights, and wouldn’t offer more than $5,000. Norton filed a lawsuit.
At trial, the jury reviewed the police report and witness testimony. They also saw phone records as evidence that Norton was on the phone when the accident occurred.
The jury decided that Ralph was 45 percent to blame for making a left into traffic, however Norton was 55 percent to blame for driving distracted and without headlights. Ralph may have waited to turn if he could easily see Norton coming.
Because of Vermont’s modified comparative fault rules, Norton was more to blame for the crash and therefore not entitled to compensation. He left the courtroom empty-handed.
The average settlement for a moderate car accident claim in Vermont is $44,920, with average payouts ranging range from $7,731 for minor injuries to $252,637 for severe injuries. Million-dollar accident payouts are uncommon, and not included in our calculations to avoid overstating the average car accident payout.
Injury settlements in Vermont can vary widely, depending on the circumstances of the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
Commercial vehicles, like delivery trucks and tractor-trailers, carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
All motor vehicle owners and drivers in Vermont must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, and $10,000 for property damage.
Vermont also requires all vehicle owners and drivers to have uninsured motorist (UM) and underinsured motorist (UIM) coverage of at least $50,000 per person/$100,000 per accident for bodily injury or death, and $10,000 for property damage.
Yes. Vermont is a traditional fault state, so you can pursue compensation for pain and suffering related to your physical injuries.
You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, such as medical bills, out-of-pocket expenses, and lost wages, then adding one to three times that amount for your non-economic damages, like pain and suffering.
The multiple used for non-economic damages depends on how much your injuries interfered with your life after the crash. A multiple of one is reasonable for a few days on the couch with a heating pad. A multiple of two or three is reasonable for a broken leg that kept you off the slopes all season.
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