How to Claim Loss-of-Use or Rental Car Expenses After an Accident When the At-Fault Driver’s Policy Limits Are Exhausted in VT

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult an attorney for advice specific to your situation.

Understanding Loss-of-Use Claims When Policy Limits Are Exhausted

In Vermont, at-fault drivers must carry a minimum of $10,000 in property damage liability insurance. (See 23 V.S.A. § 891(b)(2).) When that limit is reached, you cannot claim additional loss-of-use or rental expenses from the at-fault driver’s insurer. However, you have other options to recover these costs.

First-Party Coverage Options

Review your own auto insurance policy for these optional coverages:

  • Rental Reimbursement Coverage: Pays actual rental car expenses while your vehicle is repaired or replaced. Check your declarations page for daily and total limits.
  • Uninsured/Underinsured Motorist (UM/UIM) Property Damage Coverage: If you purchased UM/UIM property damage coverage, it often includes loss-of-use benefits. Vermont law requires insurers to offer this option (see 23 V.S.A. § 1127a(c)-(d)).

To file a first-party claim:

  1. Notify your insurer as soon as possible after the accident.
  2. Provide rental invoices and repair estimates showing when your vehicle will be unavailable.
  3. Document fair daily rental rates in Vermont to support your loss-of-use claim.

Suing the At-Fault Driver Directly

If you did not purchase optional coverage or your limits are still insufficient, you may pursue the at-fault driver personally:

  • Civil Lawsuit for Negligence or Conversion: File in Vermont Superior Court or small claims court for up to $5,000 in loss-of-use or rental expenses.
  • Asset Investigation: Determine if the at-fault driver has additional assets—bank accounts, real estate, or higher-limit umbrella policies—to satisfy a judgment.

Key Steps to Protect Your Rights

  • Act promptly: Observe all claim deadlines in your policy and Vermont court rules.
  • Keep detailed records: Rental agreements, repair timelines, photos of damage, and correspondence.
  • Obtain multiple repair estimates to establish a reasonable repair timeframe.
  • Consult an attorney if liability or coverage issues arise.

Conclusion

When an at-fault driver’s policy limits are exhausted in Vermont, file a first-party claim under your optional rental reimbursement or UM/UIM property damage coverage if available. Otherwise, consider suing the driver directly to recover loss-of-use or rental car expenses. Proper documentation and timely action maximize your chances of full recovery.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.