Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation.
Detailed Answer Under Vermont Law
If a motor vehicle collision causes property damage but no or minimal bodily injury, you can pursue compensation for your vehicle separate from any personal injury claim. Vermont law gives you two main paths: a first-party claim under your own auto policy (collision coverage) or a third-party claim against the at-fault driver’s insurer for property damage only.
1. Document the Damage Immediately
- Take clear photos of all vehicle damage, the scene, and any contributing factors (skid marks, road hazards).
- Obtain a written repair estimate from a licensed auto body shop.
- Gather witness names, contact information, and written statements if possible.
2. Notify Your Insurer Promptly
Report the incident to your own insurance company right away, even if you plan to pursue a third-party claim. This preserves your collision coverage rights and avoids late-notice disputes.
3. Review Insurance Coverages
Check your policy declarations for collision and uninsured/underinsured motorist property damage coverages. Collision coverage pays to repair your vehicle regardless of fault. Underinsured motorist property-damage (UMPD) may apply if the at-fault driver lacks adequate liability limits. See 23 V.S.A. § 1122 for definitions of auto liability policies (https://legislature.vermont.gov/statutes/section/23/013/01122).
4. File a Third-Party Claim for Property Damage
If you know the at-fault driver’s insurer, submit your demand for property damage only. Include:
- Repair estimate.
- Proof of vehicle ownership and loss of use expenses (e.g., rental invoices).
- Police report, if available.
5. Calculate Your Damages
Property damage may include:
- Cost to repair or replace your vehicle to its pre-accident condition.
- Car rental, taxi, or ride-share expenses during repairs.
- Diminished value if repairs do not restore your vehicle fully.
6. Negotiate a Settlement
Vermont courts encourage early resolution. Present your documentation and be prepared to negotiate. Keep a record of all communications.
7. File a Lawsuit if Negotiations Stall
If the insurer denies or fails to respond within a reasonable time, you can file a civil action in Vermont Superior Court. Under Vermont’s statute of limitations, property damage claims must be filed within three years of the accident date. See 12 V.S.A. § 512 (https://legislature.vermont.gov/statutes/section/12/052/00512).
When drafting your complaint, specify that you seek damages for property loss only. You do not need to combine this with any bodily injury claim.
Helpful Hints
- Keep a dedicated folder (email and paper) for all accident-related documents.
- Get multiple repair estimates if you suspect higher replacement costs.
- Check your policy’s deductible before filing a collision claim.
- Consider small-claims court for disputes under $10,000 to save legal fees.
- Consult an attorney early if the at-fault driver’s insurer disputes liability.
- Record your out-of-pocket expenses (e.g., car rental, towing) with receipts.