Accident Settlement Calculator

Home › States › Vermont

Vermont Car Accident Settlement Calculator

In Vermont, you generally have 3 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a Vermont claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Vermont rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

Vermont uses modified comparative negligence: contributory negligence does not bar recovery as long as the injured person's negligence was not greater than the total causal negligence of the defendant or defendants (so 50 percent or less), and damages are reduced in proportion to their share. At 51 percent or more, they recover nothing. When several defendants are liable, each pays a share matching its proportion of the defendants' total causal negligence (12 V.S.A. 1036).

Compare fault rules in all states →
Deadline to file a lawsuit3 years from the accident
Details & exceptions

12 V.S.A. 512(4): actions for injuries to the person suffered by the act or default of another must be brought within 3 years after the cause of action accrues, and the cause of action accrues on the date the injury is discovered. 12 V.S.A. 512(5): 3 years for damage to personal property. Claims against the State: the State's liability is capped at $500,000 per person and $2,000,000 per occurrence (12 V.S.A. 5601(b)). Statute text read from FindLaw mirrors (current as of 2024-01-01) because legislature.vermont.gov refused connections.

Compare deadlines in all states →
Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $10,000. 23 V.S.A. 800(a): proof of financial responsibility of $25,000 for one person and $50,000 for two or more persons killed or injured, and $10,000 for property damage in any one crash. Self-insurance requires $115,000 on file with the Commissioner of Motor Vehicles. The Vermont Department of Financial Regulation auto page gives the same 25/50/10 limits (seen via search excerpt). No 2023-2026 bill raising the liability minimums was found. S.7 (2025-2026 session, UIM and medical payments changes) passed the Senate on 2025-02-05 but was not enacted.

Compare minimums in all states →
Who pays your medical billsThe at-fault driver's insuranceSee all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No statutory cap on noneconomic damages in auto injury cases against private defendants was found, and secondary sources agree Vermont has no general cap (including none for medical malpractice). Claims against the State are limited to $500,000 per person and $2,000,000 per occurrence (12 V.S.A. 5601(b)); that is a government-liability limit, not a noneconomic cap. One secondary site (LawInfo) claims a $500,000 noneconomic cap for personal injury; it appears to confuse the State claims limit and is not supported by any statute found. H.427 (2025-2026), a medical malpractice bill, would not affect auto claims.

Uninsured motorist coverageRequired
Details & exceptions

23 V.S.A. 941(a): no motor vehicle liability policy may be issued for a vehicle registered or principally garaged in Vermont unless it includes uninsured, underinsured and hit-and-run motorist protection. 941(c): for new or renewed policies, UM/UIM limits must be at least $50,000 per person and $100,000 for two or more persons, plus property damage up to $10,000 per claim with a $150 deductible. Above those minimums, UM/UIM limits must match the liability limits unless the policyholder directs otherwise. The statute text read does not provide for rejecting the coverage entirely. S.7 (2025), which would have stopped liability payments from being deducted from available UIM coverage, was not enacted.

Worked example: a typical Vermont car accident claim

Another driver turned left into you at an intersection in Vermont: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$32,000 – $48,000Vermont uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  5. Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.

You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Vermont

The 3-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road3 years (no general notice); 20 days for town bridge/culvert defects

No general notice-of-claim step was found for suing the State or towns; the normal 3-year deadline applies. Exception: injuries from an unsafe town bridge or culvert need written notice to a selectboard member within 20 days.

12 V.S.A. 5601, Vermont Tort Claims Act (FindLaw mirror)19 V.S.A. 987, Notice of injury from insufficient bridge or culvert (FindLaw mirror)

If the injured person is a child

The 3-year period is counted from when the disability ends, so for an injured child the clock usually starts at age 18.

12 V.S.A. 551(a), Persons under disability (FindLaw mirror)

How fast a Vermont insurer must respond

Vermont's Fair Claims Practices Regulation covers both your own insurer and the other driver's: acknowledgment within 10 business days, replies to questions within 10 business days, and payment within 10 business days of an agreed settlement.

Vermont Regulation I-79-2, Fair Claims Practices (21-020-008 Code Vt. R.), Cornell LII

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Vermont crash

Frequently asked questions

What is a typical car accident settlement in Vermont?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a Vermont claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Vermont.
Is Vermont an at-fault or no-fault state for car accidents?
Vermont's car insurance system: At-fault (tort).
Is there a cap on pain and suffering in Vermont car accident cases?
No general cap for typical car accident injury claims. No statutory cap on noneconomic damages in auto injury cases against private defendants was found, and secondary sources agree Vermont has no general cap (including none for medical malpractice). Claims against the State are limited to $500,000 per person and $2,000,000 per occurrence (12 V.S.A. 5601(b)); that is a government-liability limit, not a noneconomic cap. One secondary site (LawInfo) claims a $500,000 noneconomic cap for personal injury; it appears to confuse the State claims limit and is not supported by any statute found. H.427 (2025-2026), a medical malpractice bill, would not affect auto claims.
What happens if I was partly at fault for an accident in Vermont?
Vermont follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Vermont?
Generally 3 years for personal injury and 3 years for property damage. 12 V.S.A. 512(4): actions for injuries to the person suffered by the act or default of another must be brought within 3 years after the cause of action accrues, and the cause of action accrues on the date the injury is discovered. 12 V.S.A. 512(5): 3 years for damage to personal property. Claims against the State: the State's liability is capped at $500,000 per person and $2,000,000 per occurrence (12 V.S.A. 5601(b)). Statute text read from FindLaw mirrors (current as of 2024-01-01) because legislature.vermont.gov refused connections.
What is the minimum car insurance in Vermont?
$25,000 per person and $50,000 per accident for bodily injury, and $10,000 for property damage. 23 V.S.A. 800(a): proof of financial responsibility of $25,000 for one person and $50,000 for two or more persons killed or injured, and $10,000 for property damage in any one crash. Self-insurance requires $115,000 on file with the Commissioner of Motor Vehicles. The Vermont Department of Financial Regulation auto page gives the same 25/50/10 limits (seen via search excerpt). No 2023-2026 bill raising the liability minimums was found. S.7 (2025-2026 session, UIM and medical payments changes) passed the Senate on 2025-02-05 but was not enacted.
What is the deadline to file a claim against the government in Vermont?
3 years (no general notice); 20 days for town bridge/culvert defects. No general notice-of-claim step was found for suing the State or towns; the normal 3-year deadline applies. Exception: injuries from an unsafe town bridge or culvert need written notice to a selectboard member within 20 days.
How long does an insurance company have to respond to a claim in Vermont?
Vermont's Fair Claims Practices Regulation covers both your own insurer and the other driver's: acknowledgment within 10 business days, replies to questions within 10 business days, and payment within 10 business days of an agreed settlement.

Related

Official sources