Is Vermont a no-fault state?

No. Vermont is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is Vermont's fault rule for a car accident?

Vermont follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.

How long do I have to file an injury claim in Vermont?

In Vermont the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

Vermont · Injury claims

Car accident injury claims in Vermont

In Vermont, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Vermont.

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Vermont at a glance

Fault rule: Modified comparative — 51% bar
No-fault state?: No
Minimum liability coverage: 25/50/10 (23 V.S.A. § 800 — $25K BI per person / $50K BI per accident / $10K PD per accident; $10K PD floor is among the lowest in the US). UM/UIM mandatorily offered at BI-equal limits under § 941.
Time limit for an injury claim: 3 years

How fault works in Vermont

Vermont applies a modified comparative 51% bar under 12 V.S.A. § 1036 ("not greater than" formulation): a plaintiff's contributory negligence does not bar recovery if it was not greater than the defendant(s)' causal total negligence, with damages diminished in proportion to the plaintiff's fault. A plaintiff at exactly 50% recovers 50%; a plaintiff at 51% or greater recovers $0. § 1036 also addresses joint-and-several / apportionment (mechanic unverified). VT is the 16th member of the 51%-bar cluster.

Paying for injuries in Vermont

Vermont is a pure at-fault state with NO statutory PIP. First-party medical coverage is via optional MedPay (carrier-offered, not mandated), via the claimant's UM/UIM if the at-fault driver is uninsured/underinsured, or via the claimant's health insurer (subject to subrogation/lien). There is NO tort threshold — noneconomic damages are recoverable from accident #1, subject to comparative-fault reduction under 12 V.S.A. § 1036.

How Moe handles injury claims in Vermont

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Vermont’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

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Vermont injury claims — common questions

Is Vermont a no-fault state?: No. Vermont is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
What is Vermont's fault rule for a car accident?: Vermont follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.
How long do I have to file an injury claim in Vermont?: In Vermont the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

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All Vermont accident-claim rules · Other states

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This page summarizes Vermont’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.