Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Vermont, you can pursue compensation for vehicle damage (property damage) separately from bodily injury claims. The process involves dealing with insurance carriers, gathering evidence, and, if necessary, filing a lawsuit. Below are the key steps:
1. Report the Accident and Property Damage
• Notify the at-fault driver’s insurer as soon as possible. Under Vermont’s mandatory liability coverage rules (23 V.S.A. § 1003), every motor vehicle liability policy must cover at least $10,000 in property damage per incident.
• Also inform your own carrier if you carry collision or uninsured motorist property damage coverage.
2. Document the Damage
• Take clear photographs of all damage to your vehicle from multiple angles.
• Obtain at least two independent repair estimates or an itemized repair bill from a licensed auto shop.
3. File a Property Damage Claim with the Insurer
• Submit your photo evidence and repair estimates to the at-fault driver’s insurer.
• If you have collision coverage, you may choose to file a claim with your own insurer. Your carrier will subrogate (seek reimbursement) from the at-fault insurer.
4. Follow Up and Send a Demand Letter if Needed
• If the insurer delays, underpays, or denies your claim, send a formal demand letter. Include:
- Date and location of the accident
- Summary of damage and cost estimates
- Deadline for response (typically 14 days)
5. File a Lawsuit if the Claim Remains Unresolved
• Small Claims Court handles property damage claims up to $5,000. See jurisdiction limits in 12 V.S.A. § 5531.
• For larger amounts, file in Superior Court under Vermont’s general civil procedures. Most tort actions, including property damage claims, must be filed within three years of the accident (12 V.S.A. § 512).
6. Separate the Bodily Injury Claim
• You may pursue bodily injury compensation under a different coverage component (liability for bodily injury) without affecting your property damage claim.
• Report any medical treatment and maintain medical records as you would for a personal injury claim.
Helpful Hints
- Keep a detailed accident log: date, time, weather, witness contacts.
- Notify your insurer in writing for a clear record of your claim.
- Ask for a written explanation if an insurer reduces or denies your claim.
- Consider legal consultation if you face aggressive claim tactics.
- Act promptly: Vermont’s statutes of limitation are strict.
- If you rent a replacement vehicle, keep all rental invoices for reimbursement.