Understanding the time frame for filing a car accident claim in Vermont is vital for securing compensation for damages or injuries. Each state has its own rules regarding the statute of limitations, and Vermont is no exception. If you miss these deadlines it can lead to the forfeiture of your legal rights. This article explains how long you have to file a claim after a car accident in Vermont, factors influencing the timeline, and tips for taking timely action.

Vermont’s Statute of Limitations for Car Accident Claims

The statute of limitations defines the period within which a claim must be filed. In Vermont:

• Personal Injury Claims: Victims of car accidents who have suffered injuries generally have three years from the date of the accident to file a lawsuit against the at-fault party.
• Property Damage Claims: If the claim is solely for vehicle or property damage, the statute of limitations is also three years.
• Wrongful Death Claims: If a car accident is responsible for a fatality, the deceased’s family has two years from the date of death to file a wrongful death lawsuit.

Failing to act within these deadlines may result in losing your ability to seek compensation, even if you have a valid claim.

Factors That May Affect the Deadline

While Vermont’s statutes provide clear guidelines, certain circumstances can alter these timelines. It’s important to be aware of these exceptions:

Discovery of Injuries

Many injuries, like traumatic brain injuries or internal organ damage, sometimes are not apparent immediately after the accident. Vermont law may extend the filing period if you can demonstrate that the injury was discovered later.

Minor Victims

If the injured party is under 18 years old, the statute of limitations may be paused (referred to as “tolled”) until the victim turns 18. Then they would then have three years from their 18th birthday to file a claim.

Government Liability

If your claim involves a government entity (e.g., due to poorly maintained roads), you need to file a Notice of Claim within 120 days of the accident. The timeline for pursuing a lawsuit against the government is typically shorter than standard claims.

Out-of-State Defendant

If the at-fault party leaves Vermont for a significant period after the accident, the statute of limitations might be paused until they return.

Why Filing Early Is Beneficial

Although Vermont allows up to three years to file most car accident claims, initiating the process sooner has distinct advantages:

• Preserving Evidence: Physical evidence, like skid marks or vehicle damage, and eyewitness testimonies, are more reliable when collected shortly after the accident.
• Medical Documentation: Immediate medical evaluations strengthen the connection between the accident and the injuries you received, making it much harder for insurance companies to dispute your claims.
• Negotiating with Insurers: Insurance companies often use delay tactics. Starting the claim process early gives you leverage and reduces the risk of running out of time to file a lawsuit.

Steps to Take After a Car Accident in Vermont

Acting promptly and systematically after a car accident can strengthen your claim. Here’s a checklist to follow:

1. Document the Accident Scene: Take photos and videos of the area including; vehicles, road conditions, and any visible injuries.
2. File a Police Report: Vermont law requires you to report any accidents that result in death, injury, or property damage exceeding $3,000.
3. Seek Medical Attention: Even if you feel ok, some injuries can manifest later. Obtaining medical records is also essential for your claim.
4. Notify Your Insurance Company: Most policies require timely reporting, even if you are not at fault.
5. Consult an Attorney: An experienced car accident lawyer will help navigate deadlines, gather evidence, and negotiate with insurance companies.

How Shared Fault Impacts Your Claim

Vermont follows a modified comparative negligence rule. This means you are still able to recover damages if you are partially at fault for the accident, as long as your fault does not exceed 50%. But your compensation will be reduced in proportion to your percentage of shared fault.

For example:

• If you are 20% at fault and your damages total $50,000, you can recover 80% of the amount, or $40,000.

Statistics Highlighting the Importance of Timely Claims

• Based on reports from the Vermont Department of Motor Vehicles, there were over 12,000 reported crashes in the state in a recent year.
• Studies show that accident victims who file claims promptly are 25% more likely to receive full compensation compared to those who delay.
• Approximately 30% of claims in Vermont are initially denied due to insufficient evidence or late filings, emphasizing the importance of meeting deadlines.

The Role of Legal Representation

Figuring out the aftermath of a car accident can be overwhelming. A qualified attorney ensures you meet all deadlines, builds a strong case, and negotiates aggressively with insurance companies. In Vermont, many attorneys offer free consultations and work on a contingency fee basis, meaning they typically only get paid if you win your case.

Conclusion

In Vermont, you generally have three years to file a car accident claim, but if you wait too long it can jeopardize your ability to recover damages. Special circumstances, such as cases involving minors or government entities, may require earlier action. Filing your claim promptly not only ensures compliance with the law but also improves your chances of achieving a favorable outcome.

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.