How the Vermont car accident statute of limitations counts three years
The Vermont car accident statute of limitations gives three years. Call free to pin down your date.
Vermont gives three years to sue. For an injury, though, the three years are counted from the date you discovered it, under 12 V.S.A. 512. Damage to your car has its own three years from the crash.
The deadlines in Vermont
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years from discovery of the injury | 12 V.S.A. 512(4) |
| Car or property damage lawsuit | Three years | 12 V.S.A. 512(5) |
| Shared fault | Barred only if your share is greater than the defendants’ total | 12 V.S.A. 1036 |
| Minimum liability cover | $25,000 / $50,000 / $10,000 | 23 V.S.A. 800 |
| Uninsured and underinsured motorist cover | Must be in every Vermont auto liability policy | 23 V.S.A. 941 |
When Vermont’s three years begin
Most crash injuries show up the same day, so the start date is usually the crash date. A neck or brain injury found weeks later can start the count later. Do not plan around that. Insurers argue about when you should have known.
Children get more room. A minor can sue within three years after turning 18, under 12 V.S.A. 551. The same rule helps a person who lacked the mental capacity to protect their own interests.
Vermont’s fault rule, step by step
Vermont uses comparative negligence, which means blame is split by percent. You can still recover if your share is not greater than the combined share of the drivers you sue, under 12 V.S.A. 1036. Your award is cut by your percent. A 50/50 split still pays half.
Insurance you can lean on in Vermont
Vermont drivers must carry at least $25,000 per person and $50,000 per crash for injuries, with $10,000 for property, under 23 V.S.A. 800. Vermont is an at-fault state, so the driver who caused the crash pays through their insurer.
Those numbers are low. Your own policy must also include uninsured and underinsured motorist cover, under 23 V.S.A. 941. It can fill the gap when the other driver has little or no insurance.
Why call a Vermont car accident lawyer early
Three years leaves time, but proof does not wait. Photos, witness names and repair records get lost. An attorney can line up those records, add your own underinsured claim and file suit before the deadline. The call is free and the lawyer is paid only if you win.
Other states: New Hampshire, New York, Massachusetts or every state on one page.
Vermont car accident statute of limitations questions
How long do I have to sue after a car accident in Vermont?
Three years. For injuries, the count starts when the injury is discovered, under 12 V.S.A. 512.
Is Vermont a no-fault state?
No. Vermont is at-fault, so you claim against the other driver’s liability insurer.
Can I recover in Vermont if I was half to blame?
Yes. At 50 percent you can still collect half. Above that, you get nothing.
What if the driver who hit me had no insurance?
Your own uninsured motorist cover, which every Vermont policy must include, can pay.
Before the clock runs out
Vermont minimum cover is only $25,000 per person, so a low first offer may be all the other policy holds. Call before you sign and a lawyer will check your own underinsured cover and the offer free.
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