VT · Accidents & Injuries

Accidents & Injuries in Vermont

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Vermont Law

Vermont Statutes Annotated Title 12, Section 512

Vermont imposes a three-year statute of limitations for most personal injury claims, including those from accidents. An injured party must generally file their lawsuit within three years of the date of the accident.

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Procedural Details in Vermont

Vermont follows modified comparative fault with a 51% bar under Vermont Statutes Annotated Title 12, Section 1036. A plaintiff who is 51% or more at fault is barred from recovery. Vermont is a traditional tort (fault-based) auto insurance state. Vermont does not impose a general cap on compensatory damages in most personal injury cases. Government claims under the Vermont Tort Claims Act (12 V.S.A. § 5601) must be filed within three years. Vermont requires that uninsured/underinsured motorist (UM/UIM) coverage be offered and that policyholders sign written waivers to reject it. Vermont courts have been receptive to discovery rule claims in cases involving latent injuries.

Vermont Agencies & Resources

Vermont Department of Financial Regulation — Insurance Division

Regulates insurance companies in Vermont and handles consumer complaints about auto accident coverage.

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Vermont Department of Motor Vehicles

Manages Vermont driver licensing, vehicle registration, and accident report records.

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Vermont Bar Association — Lawyer Referral Service

Provides referrals to Vermont-licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Vermont?

Vermont Statutes Annotated Title 12, Section 512 provides a three-year statute of limitations for personal injury claims. Government entity claims under the Vermont Tort Claims Act (12 V.S.A. § 5601) also have a three-year filing period. The discovery rule may toll the limitations period in cases where injuries were not immediately apparent.

What is Vermont's 51% modified comparative fault rule?

Under Vermont Statutes Annotated Title 12, Section 1036, if you are 50% or less at fault, you can recover damages reduced proportionally. If you are found 51% or more at fault, you are completely barred from recovering any compensation from the other party.

Is Vermont a no-fault auto insurance state?

No. Vermont is a traditional tort (fault-based) state. The at-fault driver's liability insurance compensates injured parties. Vermont does not require mandatory personal injury protection (PIP) coverage, though uninsured/underinsured motorist (UM/UIM) coverage is required unless expressly waived in writing.

Are there damage caps in Vermont accident cases?

Vermont does not impose a general statutory cap on compensatory damages in most personal injury accident cases. Government entity claims under the Vermont Tort Claims Act may be subject to limitations. Punitive damages are available in Vermont for conduct that is wanton or malicious.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026