Vermont Fault Rule
Modified Comparative Negligence (51% Bar): Vermont enforces a 51% modified comparative negligence rule with a 3-year statute of limitations. A plaintiff may recover damages if their negligence was not greater than the defendant's (50% or less); fault of 51% or higher blocks recovery.
Statute of Limitations
3 Years (12 V.S.A. § 1036 & § 512): Claimants must finalize settlement agreements or initiate formal civil actions within 3 years of the collision date.
Statutory Insurance Minimums
25/50/10 ($25k bodily injury / $50k per accident / $10k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Vermont
When negotiating auto accident claims in Vermont, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under Title 12 Vermont Statutes Annotated § 1036, contributory negligence does not bar recovery in an action by any person or person's legal representative to recover damages for negligence resulting in death, personal injury or property damage, if the negligence was not greater than the causal negligence of the defendant. At 50% fault, damages are cut in half; at 51% fault, recovery is $0. Vermont gives claimants 3 years under 12 V.S.A. § 512 to file suit. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.