Auto Accident Attorney in Vermont
Vermont is a “comparative fault” state. In Vermont , every auto driver is financially liable for any accident in which they are deemed to be more than 50% at fault. Drivers are required under Vermont State Law to purchase Auto Accident Insurance Liability Insurance to offset this risk.
Vermont has the highest rate of road death fatalities in the United States. With Auto Insurance premiums at an all-time high and no end to the road chaos, there is plenty of work for the estimated 1,265 Auto Accident Attorneys in Vermont .
Minimum Vermont Car Insurance Cover
Vermont auto drivers are required by State Law to hold the following auto insurance cover as a minimum: Bodily Injury Liability: $30,000 per person and $60,000 per accident. Property Damage Liability: $25,000. Personal Injury Protection (PIP): $2,500.
These are the minimum amounts required under Vermont State Law and most auto insurance policy holders opt to increase their level of Auto Accident Insurance cover with the following optional Vermont insurance extras
- Liability Coverage
- Collision and Comprehensive Coverage
- Medical Payments and Personal Injury Protection (PIP) Coverage
- Uninsured/Under-insured Motorist Coverage
- Mexico Coverage
- Rental Reimbursement and Towing Coverage
- Negligence Law
Who Pays in a Car Accident in Vermont
Vermont is a “comparative fault” State. This means you are financially liable for any accident in which you are deemed to have caused by being more than 50% at fault. If the other party is deemed to be more than 50% at fault it is their insurance policy that must pay compensation.
Depending on your level of cover you can be sued personally if an award is made against you that’s above your auto insurance policy limits
Who does an Auto Accident Attorney in Vermont Sue?
Vermont is a highly litigious state with the worst accident injury rates in the whole of the United States. An auto accident attorney can be hired to sue:
- another party if you believe they have caused you injury
- your own insurance company to maximize a direct compensation payout
- an auto accident attorney in Vermont can also defend you against criminal charges
How many Auto Accidents in Vermont
Over 3,700 people are killed in auto accidents in Vermont each year, with an average year on year increase of 7.3% in motor vehicle traffic fatalities, according to the Vermont State Government
The fatality rate on Vermont roadways for 2018 was 1.44 deaths per hundred million vehicle miles traveled. Representing a 2.12% decrease from 2017.
254,415 persons were injured in motor vehicle accidents in Vermont last year. Pedestrian fatalities totaled 699 in 2018. This is a 8.11% year on year decrease.
Road Deaths in Vermont 2019
- 1 person is killed every 2 hours and 28 minutes
- 1 person is injured every 2 hours and 11 minutes
- 1 auto accident occurs every 42 seconds in Vermont
- 568 motorcyclists killed in 2017. 52% were not wearing helmets
- Vermont saw 565 people killed in head-on collisions in 2018.
- There were no deathless days in Vermont roads last year.
- July was the deadliest month with 388 persons killed in Auto Accidents in Vermont
What do you do after a car accident in Vermont ?
Experiencing an auto accident is a stressful time. Thoughts become irrational as the adrenaline kicks in, helping accident victims deal with these hugely stressful incidents. These are the 8 things to do immediately following an auto accident in Vermont .
- Check for injuries and stay calm
- Dial 911 for the emergency services
- Do not leave the scene of the accident
- Follow police instructions but do not admit guilt or answer questions
- Gather information, shoot video and take photos
- Call your insurance company
- Follow medical instruction
- Contact an auto accident attorney in Vermont
Is Vermont a Litigious State for Auto Accidents
Court Cases involving an Auto Accident Attorney in Vermont made up the largest share of the Vermont Court system costs, according to the State Government.
There are over 1,200 Auto Accident Attorneys in Vermont with specializations including
- Small vehicle accident attorney
- Truck Accident Attorney in Vermont
- Vermont Auto Accident Attorney Generalist
- Vermont Insurance Auto Accident Attorney
- Personal Injury Attorney in Vermont
- Commercial Vehicle Auto Accident Attorney in Vermont
- Uber Auto Attorney in Vermont
- Lyft Auto Accident Attorney in Vermont
Vermont Statute of Limitations in Auto Accidents
The statute of limitations for a car accident in Vermont is two years from the date of the car accident (Sec. 16.003). The Vermont two-year statute of limitations applies to all claims made by drivers, passengers, pedestrians, truck drivers and motorcyclists. The clock starts ticking on the day of the accident and not the day you consult an auto accident attorney in Vermont .
How long does an insurance company have to settle a claim in Vermont ?
- Your insurance company must acknowledge your claim within 15 working days
- Within this 15 day they should request any further information from you
- Insurance companies in Vermont may extend this 15 days by a further 45 days and inform you of their reason
- Generally, if an insurance company extends the 15-day time frame clients will consult an auto accident attorney in Vermont .
- There is no time frame for your insurance company to settle the claim. On average it takes between 3 and six months.
- Once approved, your claim must be paid within 5 days
- If the claim involves a weather event or natural disaster a Vermont insurance company may take 45 additional days to approve or deny your claim and 15 additional days to pay your claim.
- An auto accident Attorney in Vermont may help speed up your compensation payout, or may delay proceedings to maximize your payout.
How much car insurance do I need in Vermont ?
- Bodily Injury Liability: $30,000 per person
- $60,000 per accident
- Property Damage Liability: $25,000
- Personal Injury Protection (PIP): $2,500.
These are not high minimums. In a more severe auto wreck accident, the Vermont Statutory minimum insurance levels may prove to be inadequate.
If you are judged to be more than 50% at fault in a Vermont car accident the other side may hire an attorney to personally sue you for any difference between their financial compensation award and the insurance policy limits.
Is Vermont a no-fault state
Vermont is not a no-fault state. Some states in the USA require a no-fault insurance policy, often known in Vermont as PIP. Every driver in Vermont is required to hold auto insurance to cover expenses for the other driver in the event of an accident.
Insurance Payout Limits in Vermont for Personal Injury
Vermont uses 50 percent modified comparative negligence laws, so the court decides how much each party in an accident is at fault. You can claim damages from the other party if your level of fault does not exceed theirs.
However, your damages will be also be reduced according to your apportioned level of fault.
Vermont Auto Attorney Insurance Claims Rights
According to the Vermont Bill of Consumer Rights (Order No. 12-0862), you have the right to be treated fairly, honesty and with respect when you make a claim. If you believe you are being treated unfairly by your insurance company, make a complaint to the TDI in Vermont and consult an auto accident attorney in Vermont with immediate effect.
Over 72% of Auto Accident Attorneys in Vermont are hired to fight an individual’s own insurance company for a better deal.
Vermont State Auto Accident Demographics
Vermont (/vərˈmɒnt, vɜːr-/ (listen)) is a state in the New England region of the northeastern United States. It borders the U.S. states of Massachusetts to the south, New Hampshire to the east, New York to the west, and the Canadian province of Quebec to the north. Vermont is the second-smallest by population and the sixth-smallest by area of the 50 U.S. states. The state capital is Montpelier, the least populous state capital in the United States. The most populous city, Burlington, is the least populous city to be the most populous city in a state. As of 2019, Vermont was the leading producer of maple syrup in the United States. In crime statistics, it has ranked since 2016 as the safest state in the country.
For some 12,000 years indigenous peoples inhabited this area. The historic, competitive tribes known as the Algonquian-speaking Abenaki and Iroquoian-speaking Mohawk were active in the area at the time of European encounter.
During the 17th century French colonists claimed the territory as part of France’s colony of New France. After England began to settle colonies to the south along the Atlantic coast, the two nations carried out their competition in North America as well as Europe. For years each enlisted Native American allies in continued raiding and warfare between the New England and New France colonies. This produced an active trade in captives taken during such raids and held for ransom. Some captives were adopted by families into the Mohawk or Abenaki tribes.
After being defeated in 1763 in the Seven Years’ War, France ceded its territory east of the Mississippi River to Great Britain. Thereafter, the nearby British colonies, especially the provinces of New Hampshire and New York, disputed the extent of the area called the New Hampshire Grants to the west of the Connecticut River, encompassing present-day Vermont. The provincial government of New York sold land grants to settlers in the region, which conflicted with earlier grants from the government of New Hampshire. The Green Mountain Boys militia protected the interests of the established New Hampshire land grant settlers against the newly arrived settlers with land titles granted by New York.
Ultimately, a group of settlers with New Hampshire land grant titles established the Vermont Republic in 1777 as an independent state during the American Revolutionary War. The Vermont Republic partially abolished slavery before any of the other states.
Vermont was admitted to the newly established United States as the fourteenth state in 1791. Vermont is one of only four U.S. states that were previously sovereign states (along with California, Hawaii, and Texas).
During the mid 19th century, Vermont was a strong source of abolitionist sentiment, but it was also tied to King Cotton through the development of textile mills in the region, which relied on southern cotton. It sent a significant contingent of soldiers to participate in the American Civil War. In the 21st century, Protestants (30%) and Catholics (22%) make up the majority of those reporting a religious preference, with 37% reporting no religion. Other religions individually contribute no more than 2% to the total.
The geography of the state is marked by the Green Mountains, which run north–south up the middle of the state, separating Lake Champlain and other valley terrain on the west from the Connecticut River valley that defines much of its eastern border. A majority of its terrain is forested with hardwoods and conifers. A majority of its open land is in agriculture. The state’s climate is characterized by warm, humid summers and cold, snowy winters.
Vermont’s economic activity of $26 billion in 2010 ranks 34th in gross state product. In 1960, Vermonters’ politics started to shift from being reliably Republican toward favoring Democratic candidates. Starting in 1963, Vermont voters have alternated between electing Republican and Democratic governors. Since 2007, Vermont has elected only Democrats and Independents to Congress. In 2000, the state legislature was the first to recognize civil unions for same-sex couples. In 2011–2012, the state officially recognized four Abenaki tribes.
Can someone sue you for a car accident if you have insurance in Vermont ?
If your insurance policy does not cover the amount awarded to the other party you may find yourself in a lawsuit regardless of whether you held car insurance. For this reason many auto accident attorneys advocate the purchase of premium cover and under-insurance ‘gap’ policies.
Do I call my insurance if it’s not my fault?
You must report any damage to your vehicle or personal injuries to yourself or others to your insurance provider immediately. Your insurance company will help file a claim against the other party and start the process of compensation.
Also contact an auto accident attorney in Vermont for a Free Consultation and Claim Evaluation
How long do you have to file an accident report in Vermont ?
You must file an accident report with the Vermont Department of Transport within 10 days of the auto accident. The report should be on form CR-2 available here and can be filed by you, your insurance company or your auto accident attorney in Vermont
Do I need an Auto Accident Attorney in Vermont ?
An Auto Accident Attorney is not required for every case. For example, cases with minor injuries, soft tissue damage or ‘fender benders’ may not require a specialist auto accident attorney in Vermont . In more severe personal injury cases you need an expert specialist attorney to protect your interests, regardless of whether you have one appointed for you by your insurance company.
Average Auto Accident Payout in Vermont
The average car accident compensation settlement in Vermont is $22,887 in 2018, according to the Vermont bureau of Statistics. The average auto accident payout by using an auto accident attorney in Vermont was $44,887.
Hit by a Drunk Driver in Vermont
In the United States 32 people die every day from vehicle accidents that involve a drunk driver. A drunk driver could face criminal charges from the state of Vermont and civil charges from the injured parties.
Convictions for criminal charges can result in fines, jail, rehab and community service. A civil Court case could force the drunk driver to financially compensate victims.
If you’ve been hit by a drunk driver in the State of Vermont check out our list of Auto Accident Attorneys in your area who are experts at DUI auto accidents.
Vermont is a pure negligence state and you are free to lodge a lawsuit against a drunk driver who caused you or a loved one personal injury.
Filing a civil lawsuit in Vermont against a drunk driver will require that you prove them responsible for your injuries. An experienced auto accident attorney in Vermont will need to demonstrate beyond reasonable doubt that:
- The other driver owed you a duty of safe travel as you shared the road.
- The driver breached his or her duty by an act of negligence (e.g. drunk driving).
- The driver’s negligent act caused injury to you in the form of a car accident
- The injuries caused you to suffer specific, quantifiable damages.
Take our online Compensation Checker to find out from an auto accident attorney in Vermont how much compensation you could expect if you’ve been injured by a drunk driver.
What Damages can I claim for after a Vermont Car Accident?
- Medical Costs
- Lost Wages
- Pain & Suffering
- Diminished Earning Capacity
- Non-economic Damages
How do I calculate Pain and Suffering in Vermont
Vermont uses a multiplier to work out the amount of compensation to be paid as a result of pain and suffering. For example, if your case is worth $40,000 in specific damages, but your pain and suffering has a multiplier of five for temporary brain damage, the total amount payable will be $200,000 in non-economic damages.
Will an Auto Accident Attorney in Vermont increase my Pain and Suffering Payout
An experienced auto accident attorney in Vermont will be instrumental in pushing up both specific damages and the pain & suffering multiplier. As can be seen in the example, both elements are key to securing the financial compensation package you deserve.
Average Whiplash Settlement in Vermont
Vermont does not have whiplash settlement guidelines though mild to moderate whiplash claims can result in a compensation payout from $2,500 to $10,000 worth of compensation. For severe whiplash claims in Vermont , expect this figure to rise over the $22,000 level.
Can I Sue Uber or Lyft in Vermont
If you’ve sustained injuries in an Uber, Lyft or other ride-sharing accident you may be entitled to financial compensation from the “at-fault” driver and their insurance company.
If your accident involved an Uber, Lyft or ride share driver who was “on-the-clock” when the accident occurred, you likely won’t make a claim on the driver’s own insurance policy. Instead, the insurance policies of the ride share companies should cover your personal injuries and damages.
Take the following steps if you’ve been involved in an accident with an Uber, Lyft or Ride share Driver either as a passenger or other road user.
- Report your Accident Immediately to Police and Uber. File an insurance claim directly with Uber.
- Seek Medical Attention. Some injuries can take days or weeks to become fully apparent and a proper diagnosis will help to strengthen your compensation case.
- Speak to an auto accident Attorney in Vermont for a free consultation
Where do most Auto Accidents happen in Vermont
According to the Vermont Department of Transport most recorded car incidents requiring the use of an auto accident attorney in Vermont happen in the following places:
(List of all areas in Vermont with more than 40,000 people)
Get an Auto Accident Lawyer in Vermont because the State Legal System is Complex
The Vermont legal system is complex and navigating Vermont personal injury law is not something which can be mastered while focusing on your own rest, recovery and rehabilitation. Using an auto accident Attorney in Vermont should help reduce stress and maximize your financial compensation payout.