Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
When another driver injures you in Vermont, you need clear evidence and prompt action to persuade the at-fault party’s insurer to accept liability. Vermont law requires every motorist to carry liability insurance before registering a vehicle. See 23 V.S.A. § 800. You can also pursue a direct action against the insurer under 23 V.S.A. § 804.
1. Notify the Insurer Promptly
File your claim as soon as possible. Most insurers require notice within days of the crash. Provide the date, location, and basic facts—even if you deliver followed by a full written statement.
2. Gather and Preserve Evidence
- Photograph vehicle damage, road conditions, traffic signals and your visible injuries.
- Collect witness names and contact details.
- Witness testimony strengthens your account.
- Obtain the police or state trooper report. Vermont law mandates accident reporting for injury crashes. See 23 V.S.A. § 1127.
- Keep all medical records, bills and treatment logs.
3. Document Your Injuries and Expenses
Maintain a detailed file of doctor visits, physical therapy notes, prescription receipts and any out-of-pocket costs you incur. Strong medical documentation shows the insurer that your injuries are real and the costs are reasonable.
4. Send a Detailed Demand Letter
Draft a demand package that includes:
- Clear summary of fault and injuries.
- Medical records and bills.
- Police report and witness statements.
- Estimated value of past and future damages.
Address the letter to the insurer’s adjuster and request a written response by a specific date.
5. Follow Up and Consider Legal Action
If the insurer denies or unreasonably delays your claim, you can file suit against both the insured and the insurer. Under 23 V.S.A. § 804, you may bring a direct action for breach of the insurance contract. Inform the insurer you will file in Vermont Superior Court if they do not respond in good faith.
Helpful Hints
- Keep a journal of pain levels and daily limitations.
- Avoid posting crash details on social media.
- Track all communications with the insurer in writing.
- Request copies of your medical and billing records promptly.
- Act quickly—Vermont’s statute of limitations for personal injury is three years under 12 V.S.A. § 511.
- Consider mediation to resolve disputes before trial.