Detailed Answer
In Vermont, all drivers must carry minimum auto insurance under 23 V.S.A. § 38a (legislature.vermont.gov/statutes/section/23/007/00338a). If the at-fault driver lacked active coverage on the date of loss, you still have several avenues to recover damages:
- Uninsured Motorist (UM) Coverage on Your Policy
Under 23 V.S.A. § 941, insurers must offer Uninsured Motorist Bodily Injury (UMBI) and Uninsured Motorist Property Damage (UMPD) coverage. If you purchased UM benefits, you can file a first-party claim against your own insurer for medical bills, lost wages, and property damage. See 23 V.S.A. § 941. - Personal Injury Protection (PIP) Benefits
Vermont requires at least $2,000 in PIP coverage, which pays your medical expenses regardless of fault. Submit your medical bills and related expenses to your insurer under 23 V.S.A. § 942. 23 V.S.A. § 942. - Civil Lawsuit Against the Driver
You can sue the uninsured driver for negligence in Vermont Superior Court. Even without insurance, a court can enter a money judgment. If the driver has wages, bank accounts, or real property, you can enforce the judgment through garnishment or liens (Vt. R. Civ. P. 69). - Crime Victims Compensation Program
If the crash involves a hit-and-run, and law enforcement later identifies the driver, you may apply for compensation through Vermont’s Crime Victims Compensation Program (13 V.S.A. § 5304). - SR-22 Filing for Future Coverage
An uninsured at-fault driver typically must file an SR-22 to reinstate or obtain future coverage. This does not retroactively cover your accident but helps ensure the driver has insurance going forward (23 V.S.A. § 38a).
Helpful Hints
- Review your policy declarations page for UM and UMPD limits and any deductibles.
- File PIP claims promptly to avoid delays in medical reimbursement.
- Keep detailed records of all accident-related expenses, including medical receipts and repair estimates.
- Obtain a certified copy of the police accident report to support your claims.
- Consider consulting an attorney experienced in uninsured motorist claims to maximize recovery.
Disclaimer: This article is for educational purposes only and does not constitute legal advice.