No one plans to get involved or injured in a car accident. Unfortunately, traffic and on-road accidents and crashes are not unusual in Vermont. Immediately after an accident in Rutland, you should consider calling the police. If you (or another driver or passenger) have sustained injuries, don’t hesitate to call 911. Take pictures and videos of the accident scene and exchange insurance and contact info with other drivers. Once you are feeling okay, call a Rutland VT car accident lawyer to discuss your injuries and losses. Vermont is an at-fault state. If the other driver acted negligently, they are liable for your losses. You can file a third-party insurance claim or can pursue a civil lawsuit. Here are some key Vermont laws listed below.
Reporting the accident
Involved drivers are required to report a car accident in Vermont if someone was injured or there was evident property damage worth $3,000 or more. You should file the Report of a Motor Vehicle Crash form with the Vermont Department of Motor Vehicles within 72 hours of the accident. From the accident, don’t forget to call the police.
Comparative fault in Vermont
Vermont follows the “modified comparative negligence” rule. If you share the blame for the accident, you can still sue the other driver, provided you are not more than 50% at fault. Also, your fault will determine what you get from the settlement. Insurance companies (or the court) will rely on the modified comparative negligence norm to determine a settlement. For instance, if you are 20% at fault and are given $50,000 for your damages and injuries, you can only recover $40,000 as the final settlement.
Deadline for filing car accident lawsuits
Vermont’s statute of limitations allows three years to file a car accident lawsuit. The count starts from the date of the crash and doesn’t apply to insurance claims. If someone was killed in the crash, the family could file a wrongful death lawsuit within two years from the date of death. Remember that the clock is still running as you pursue the car insurance claim.
Calling an attorney
Expectedly, winning a car insurance claim in Rutland won’t be easy. Get an attorney on your side at the earliest and make sure that you get an assessment of your case. Your lawyer can work on the claim accordingly, and if things don’t work through negotiations, they can file a lawsuit. Check online now to find more on top lawyers near you in VT.
