Dealing with insurance after a car accident in Vermont can be overwhelming, especially when injuries, damages, and liability questions come into play. Whether filing a claim with your own insurer or negotiating with the other party’s provider, knowing the right steps to take will make a huge difference in securing fair compensation. Understanding Vermont’s insurance laws, claim procedures, and common pitfalls can help you navigate this process effectively.

Understanding Vermont’s Auto Insurance Requirements

Vermont follows a fault-based system, meaning the driver responsible for the accident is also liable for damages. As a result, injured parties have several options:

• Filing a claim with their own insurance company (if they have applicable coverage).
• Seeking compensation from the at-fault driver’s insurance provider.
• Pursuing a personal injury lawsuit if insurance does not fully cover the losses.

Vermont law mandates all drivers carry minimum insurance coverage:

• $25,000 per person for bodily injury.
• $50,000 per accident for bodily injury.
• $10,000 for property damage.
• Uninsured/Underinsured Motorist Coverage: $50,000 per person and $100,000 per accident.

While these limits provide a basic safety net, they may not fully cover medical bills, lost wages, or pain and suffering in a severe accident.

Steps to Take Immediately After a Car Accident

Handling an insurance claim successfully starts at the accident scene. Follow these steps to ensure a smoother claims process:

1. Ensure Safety and Report the Accident

• If anyone is injured, call 911 immediately. Vermont law requires accidents resulting in injuries or damages exceeding $3,000 to be reported to law enforcement.
• Move vehicles to a safe location if possible, but do not leave the scene.

2. Gather Information and Evidence

• Exchange insurance details with the other driver, including policy numbers.
• Take photos and videos of damage, road conditions, and any visible injuries.
• Collect witness statements and contact details.
• Note the date, time, and exact location of the accident.

3. Seek Medical Attention

Even if you feel ok, injuries like whiplash or internal trauma may not be immediately obvious. Seeing a doctor establishes medical records that can support your insurance claim.

4. Notify Your Insurance Company

Report the accident to your insurer as soon as possible. Failing to notify them within the required time frame could result in claim denial. Provide factual information, but avoid making statements that could be interpreted as admitting fault.

Filing an Insurance Claim in Vermont

1. Understanding the Types of Claims

After an accident, you can file different types of claims depending on your coverage and the circumstances:

• First-party claims: Filed with your own insurer under collision, medical payments (MedPay), or uninsured motorist coverage.
• Third-party claims: Filed against the at-fault driver’s insurer to recover damages.

2. Dealing with Insurance Adjusters

Insurance companies assign adjusters to assess damages and determine liability. While adjusters may appear friendly, remember that their goal is to minimize payouts.

Stick to facts when speaking with adjusters and avoid giving recorded statements unless required. Do not rush into accepting the first settlement offer, as it may not cover all damages.

Keep detailed records of all communication, repair estimates, and medical expenses.

3. Determining Fault and Comparative Negligence

Vermont follows a modified comparative negligence rule for personal injury claims. If you are found 50% or more at fault, you cannot recover damages. If you are less than 50% at fault, your compensation is reduced based on your percentage of responsibility. For example, if you were 20% at fault and incurred $50,000 in damages, your compensation would be reduced by 20%, meaning you'd receive $40,000.

When to Involve a Lawyer

Not all car accident claims require legal assistance, but situations involving serious injuries, disputed liability, or unfair settlement offers often benefit from professional legal guidance. A personal injury attorney can:

• Negotiate with insurance companies to ensure fair compensation.
• Gather evidence to strengthen your claim.
• Represent you in court if a lawsuit becomes necessary.

Common Insurance Claim Pitfalls to Avoid

Even well-prepared claimants can make mistakes that harm their case. Avoid these common pitfalls:

• Delaying medical treatment: Gaps in medical records can be used to argue your injuries were not serious.
• Providing too much information: Insurance adjusters may use excessive details against you.
• Accepting a quick settlement: Initial offers are often lower than what you deserve.
• Failing to document expenses: Keep track of all medical bills, lost wages, and repair costs.

Conclusion

Handling insurance after a car accident in Vermont requires understanding state laws, taking immediate action, and navigating the claims process strategically. By following these steps, avoiding common mistakes, and knowing when to seek legal help, you improve your chances of securing fair compensation. If you encounter difficulties with your claim, consulting a qualified attorney can provide the necessary guidance to protect your rights.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont Car Accident Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.