Vermont Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Vermont injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Vermont
- Deadline to sue for an injury
- Three years after the cause of action accrues for injuries to the person caused by another's act or default. The claim is treated as accruing on the date the injury is discovered. 12 V.S.A. § 512(1)–(4)
- Fault rule (comparative negligence)
- Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the total negligence of the defendants; 12 V.S.A. § 1036
- Wrongful death deadline
- Two years from the discovery of the death. If the defendant is out of state, the time may be extended. 14 V.S.A. § 1492(a)
- Minimum car insurance
- Owners and operators must have an auto liability policy or bond of at least $25,000 for one person and $50,000 for two or more persons killed or injured, and $10,000 for property damage in any one crash (or $115,000 in approved self-insurance). 23 V.S.A. § 800(a)
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Three years after the cause of action accrues for injuries to the person caused by another's act or default. The claim is treated as accruing on the date the injury is discovered. Assault and battery, false imprisonment, and slander and libel also have a three-year deadline. Source: 12 V.S.A. § 512(1)–(4) |
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| Deadline to sue for property damage | Three years for damage to personal property (such as a car) caused by another's act or default. Source: 12 V.S.A. § 512(5) |
| Medical malpractice deadline | Three years from the date of the incident, or two years from when the injury is or reasonably should have been discovered, whichever is later, but no later than seven years from the incident. No deadline applies where fraudulent concealment prevented the patient from discovering the negligence. If a foreign object left in the body is not discovered within the limitation period, the action may be filed within two years after it is discovered. Source: 12 V.S.A. § 521 |
| Wrongful death deadline | Two years from the discovery of the death. If the defendant is out of state, the time may be extended. If there is probable cause to charge someone with homicide for the death, the deadline is seven years after discovery of the death or two years after the criminal judgment becomes final, whichever is later. Source: 14 V.S.A. § 1492(a) |
| Suing the government | The State of Vermont is liable for injuries caused by the negligent or wrongful acts of state employees acting within the scope of employment, in the same way as a private person, with suits filed in the Superior Court. State liability is capped at $500,000 per person and $2,000,000 per occurrence. The claim must be brought against the State, not the individual employee, unless the employee acted with gross negligence or willful misconduct. Discretionary functions and certain other claims are excluded. Source: 12 V.S.A. §§ 5601, 5602 |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the total negligence of the defendants; damages are reduced in proportion to the injured person's negligence. Each defendant pays its proportionate share. Comparative negligence may not be used as a defense to limit recovery for negligence claims relating to a sexual act or sexual conduct. Source: 12 V.S.A. § 1036 |
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Wrongful death
| Who can sue for wrongful death | The action is brought in the name of the personal representative of the person who died, for the benefit of the spouse and next of kin. Damages are based on pecuniary (financial) injuries to the spouse and next of kin; for the death of a minor child, they also include loss of love and companionship and destruction of the parent-child relationship. The personal representative distributes the recovery in proportion to each person's loss, as decided by the Superior Court after notice and a hearing; if there is a spouse but no children, the spouse receives it all, and a parent who abandoned the child is excluded in favor of the other parent. Source: 14 V.S.A. § 1492 |
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| Wrongful death deadline | Two years from the discovery of the death. If the defendant is out of state, the time may be extended. If there is probable cause to charge someone with homicide for the death, the deadline is seven years after discovery of the death or two years after the criminal judgment becomes final, whichever is later. Source: 14 V.S.A. § 1492(a) |
Car accidents and dog bites
| Crash report to the DMV | The driver in a crash in which anyone is injured, or total property damage is $3,000 or more, must make a written report to the Commissioner of Motor Vehicles on the Commissioner's forms and mail it within 72 hours after the crash. The Commissioner can ask for more information. Separately, the owner and driver of an insured vehicle must tell any injured person or owner of damaged property, within five days, the names and addresses of all liability insurers that may cover the incident and the policy numbers. Source: 23 V.S.A. § 1129 |
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| Leaving the scene (hit and run) | A driver who caused or was involved in a crash injuring someone other than themselves, or damaging property other than their own vehicle, must stop immediately, give any reasonably necessary help, and give their name, address, license number and the vehicle owner's name to anyone injured or whose property was damaged, and to any enforcement officer. Violations are punishable by a fine up to $2,000 and/or up to two years in prison; if serious bodily injury results, up to $3,000 and/or up to five years; if death results, up to $3,000 and/or 1 to 15 years. A $50 surcharge is added on conviction. Source: 23 V.S.A. § 1128 |
| Minimum car insurance | Owners and operators must have an auto liability policy or bond of at least $25,000 for one person and $50,000 for two or more persons killed or injured, and $10,000 for property damage in any one crash (or $115,000 in approved self-insurance). Source: 23 V.S.A. § 800(a) |
Slip, trip and fall injuries
| Claims against a city or county | Vermont has no single local-government tort claims act among the statutes read. When a city, town or county buys liability insurance, it waives sovereign immunity up to the policy's coverage and consents to be sued, and a judgment against it cannot exceed the applicable insurance carried. A claim for injury caused by a municipal employee acting within the scope of employment must be brought against the municipality, not the employee, and the municipality may not raise sovereign immunity in that case. For injuries from an insufficient or unrepaired town bridge or culvert, written notice must be given to a selectboard member within 20 days, and a town's liability is capped at $75,000 or its insurance limits, whichever is greater. State claims are under the separate State tort claims act (see injury/government_claims). |
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| Injuries on land used for recreation | A Vermont landowner who lets people use land or water for recreation without charging consideration (a price or fee for permission) is not liable for injuries to those users unless the injury results from the owner's willful or wanton misconduct; the law's stated purpose is that the owner owes such users no greater duty than a trespasser. Allowing free recreational use does not promise the land is safe or create a duty to inspect for dangers. The law does not apply to areas developed for commercial recreation, or to land owned by a municipality or the State. Read the full chapter 203 on 2026-10-28. Source: 12 V.S.A. §§ 5791-5795 |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Vermont requires every motorcycle operator and passenger on a highway to properly wear protective headgear meeting the federal Motor Vehicle Safety Standard (49 C.F.R. § 571.218), regardless of age; the rule does not apply to occupants of fully enclosed autocycles. The section does not say that not wearing a helmet reduces damages. Source: 23 V.S.A. § 1256 |
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| Lane splitting | Lane splitting is banned: no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcycle may not overtake and pass in the same lane occupied by the vehicle being passed. Police officers on duty are exempt. Source: 23 V.S.A. § 1115(b), (c), (e) |
| Pedestrian right-of-way | When traffic signals are not operating, drivers must yield to a pedestrian crossing within a crosswalk, slowing or stopping if needed. A pedestrian may not suddenly step into the path of a vehicle too close to yield, and drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing anywhere other than within a marked crosswalk must yield to all vehicles, and between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk. Source: 23 V.S.A. §§ 1051, 1052 |
| Bicycle laws | A person riding a bicycle has the rights and duties of a vehicle operator, except where provisions on vulnerable users or bicyclists say otherwise or cannot apply. A driver approaching or passing a bicyclist or other vulnerable user must use due care, including slowing down and leaving at least four feet of clearance (civil penalty of at least $200). Bicyclists generally ride as near the right side as is safe, with listed exceptions, and no more than two abreast. Vermont's bicycle subchapter contains no helmet requirement. Reviewed 23 V.S.A. chapter 13, subchapter 12 (operation of bicycles) on 2026-10-28; no helmet provision found. |
| Uber and Lyft insurance | While a Vermont rideshare (transportation network company) driver is logged on and available but not on a ride: primary liability insurance of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus other state-mandated coverage. During a prearranged ride: at least $1,000,000 primary liability, at least $1,000,000 uninsured/underinsured motorist coverage, and $5,000 medical payments coverage. If the driver's insurance lapses or falls short, the company's insurance must cover from the first dollar. Source: 23 V.S.A. § 750(b)(2)-(4) |
| Truck safety and insurance rules | Vermont's Secretary of Transportation may adopt motor carrier safety rules for commercial motor vehicles carrying passengers or goods; the rules must be no less protective than the federal rules (but may not bar 18- to 21-year-olds from intrastate driving), and the Secretary may adopt the federal motor carrier regulations in 49 C.F.R. parts including 387 (insurance) and 390-397. Violations carry a penalty of up to $1,000. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9. The Agency of Transportation's rule (Code Vt. R. 14-050-036) was not read on an official site; no state intrastate insurance amount is stated. Source: 5 V.S.A. § 2101; 49 CFR 387.9 |
Construction accidents
| Construction site injuries | Vermont's workers' compensation law makes workers' comp the employee's exclusive remedy against the employer for a covered work injury, except when the employer failed to carry required insurance. The worker may also sue a third party (someone other than the employer) who is legally liable for the injury, such as another contractor or an equipment maker, while receiving workers' comp. Source: 21 V.S.A. §§ 622, 624(a) |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Vermont?
Three years after the cause of action accrues for injuries to the person caused by another's act or default. The claim is treated as accruing on the date the injury is discovered. Assault and battery, false imprisonment, and slander and libel also have a three-year deadline.
How long do you have to sue for property damage in Vermont?
Three years for damage to personal property (such as a car) caused by another's act or default.
What is the statute of limitations for medical malpractice in Vermont?
Three years from the date of the incident, or two years from when the injury is or reasonably should have been discovered, whichever is later, but no later than seven years from the incident. No deadline applies where fraudulent concealment prevented the patient from discovering the negligence. If a foreign object left in the body is not discovered within the limitation period, the action may be filed within two years after it is discovered.
How long do you have to file a wrongful death lawsuit in Vermont?
Two years from the discovery of the death. If the defendant is out of state, the time may be extended. If there is probable cause to charge someone with homicide for the death, the deadline is seven years after discovery of the death or two years after the criminal judgment becomes final, whichever is later.
Who can file a wrongful death lawsuit in Vermont?
The action is brought in the name of the personal representative of the person who died, for the benefit of the spouse and next of kin. Damages are based on pecuniary (financial) injuries to the spouse and next of kin; for the death of a minor child, they also include loss of love and companionship and destruction of the parent-child relationship. The personal representative distributes the recovery in proportion to each person's loss, as decided by the Superior Court after notice and a hearing; if there is a spouse but no children, the spouse receives it all, and a parent who abandoned the child is excluded in favor of the other parent.
Can you recover damages if you were partly at fault in Vermont?
Modified comparative negligence (51% bar). An injured person's negligence does not bar recovery if it was not greater than the total negligence of the defendants; damages are reduced in proportion to the injured person's negligence. Each defendant pays its proportionate share. Comparative negligence may not be used as a defense to limit recovery for negligence claims relating to a sexual act or sexual conduct.
How do you file an injury claim against the government in Vermont?
The State of Vermont is liable for injuries caused by the negligent or wrongful acts of state employees acting within the scope of employment, in the same way as a private person, with suits filed in the Superior Court. State liability is capped at $500,000 per person and $2,000,000 per occurrence. The claim must be brought against the State, not the individual employee, unless the employee acted with gross negligence or willful misconduct. Discretionary functions and certain other claims are excluded.
What is the minimum car insurance required in Vermont?
Owners and operators must have an auto liability policy or bond of at least $25,000 for one person and $50,000 for two or more persons killed or injured, and $10,000 for property damage in any one crash (or $115,000 in approved self-insurance).
Do you have to report a car accident to the DMV in Vermont?
The driver in a crash in which anyone is injured, or total property damage is $3,000 or more, must make a written report to the Commissioner of Motor Vehicles on the Commissioner's forms and mail it within 72 hours after the crash. The Commissioner can ask for more information. Separately, the owner and driver of an insured vehicle must tell any injured person or owner of damaged property, within five days, the names and addresses of all liability insurers that may cover the incident and the policy numbers.
What are your duties after a car accident in Vermont?
A driver who caused or was involved in a crash injuring someone other than themselves, or damaging property other than their own vehicle, must stop immediately, give any reasonably necessary help, and give their name, address, license number and the vehicle owner's name to anyone injured or whose property was damaged, and to any enforcement officer. Violations are punishable by a fine up to $2,000 and/or up to two years in prison; if serious bodily injury results, up to $3,000 and/or up to five years; if death results, up to $3,000 and/or 1 to 15 years. A $50 surcharge is added on conviction.
How long do you have to file a claim against a city or county in Vermont?
Vermont has no single local-government tort claims act among the statutes read. When a city, town or county buys liability insurance, it waives sovereign immunity up to the policy's coverage and consents to be sued, and a judgment against it cannot exceed the applicable insurance carried. A claim for injury caused by a municipal employee acting within the scope of employment must be brought against the municipality, not the employee, and the municipality may not raise sovereign immunity in that case. For injuries from an insufficient or unrepaired town bridge or culvert, written notice must be given to a selectboard member within 20 days, and a town's liability is capped at $75,000 or its insurance limits, whichever is greater. State claims are under the separate State tort claims act (see injury/government_claims).
Is a landowner liable for injuries on land used for recreation in Vermont?
A Vermont landowner who lets people use land or water for recreation without charging consideration (a price or fee for permission) is not liable for injuries to those users unless the injury results from the owner's willful or wanton misconduct; the law's stated purpose is that the owner owes such users no greater duty than a trespasser. Allowing free recreational use does not promise the land is safe or create a duty to inspect for dangers. The law does not apply to areas developed for commercial recreation, or to land owned by a municipality or the State.
Do you have to wear a motorcycle helmet in Vermont?
Vermont requires every motorcycle operator and passenger on a highway to properly wear protective headgear meeting the federal Motor Vehicle Safety Standard (49 C.F.R. § 571.218), regardless of age; the rule does not apply to occupants of fully enclosed autocycles. The section does not say that not wearing a helmet reduces damages.
Is lane splitting legal in Vermont?
Lane splitting is banned: no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcycle may not overtake and pass in the same lane occupied by the vehicle being passed. Police officers on duty are exempt.
Who has the right of way, a pedestrian or a driver, in Vermont?
When traffic signals are not operating, drivers must yield to a pedestrian crossing within a crosswalk, slowing or stopping if needed. A pedestrian may not suddenly step into the path of a vehicle too close to yield, and drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing anywhere other than within a marked crosswalk must yield to all vehicles, and between adjacent intersections with working signals pedestrians may cross only in a marked crosswalk.
What are the bicycle laws in Vermont?
A person riding a bicycle has the rights and duties of a vehicle operator, except where provisions on vulnerable users or bicyclists say otherwise or cannot apply. A driver approaching or passing a bicyclist or other vulnerable user must use due care, including slowing down and leaving at least four feet of clearance (civil penalty of at least $200). Bicyclists generally ride as near the right side as is safe, with listed exceptions, and no more than two abreast. Vermont's bicycle subchapter contains no helmet requirement.
What insurance must Uber and Lyft drivers have in Vermont?
While a Vermont rideshare (transportation network company) driver is logged on and available but not on a ride: primary liability insurance of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus other state-mandated coverage. During a prearranged ride: at least $1,000,000 primary liability, at least $1,000,000 uninsured/underinsured motorist coverage, and $5,000 medical payments coverage. If the driver's insurance lapses or falls short, the company's insurance must cover from the first dollar.
What safety and insurance rules apply to trucks in Vermont?
Vermont's Secretary of Transportation may adopt motor carrier safety rules for commercial motor vehicles carrying passengers or goods; the rules must be no less protective than the federal rules (but may not bar 18- to 21-year-olds from intrastate driving), and the Secretary may adopt the federal motor carrier regulations in 49 C.F.R. parts including 387 (insurance) and 390-397. Violations carry a penalty of up to $1,000. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9.
Can you sue for a construction accident in Vermont?
Vermont's workers' compensation law makes workers' comp the employee's exclusive remedy against the employer for a covered work injury, except when the employer failed to carry required insurance. The worker may also sue a third party (someone other than the employer) who is legally liable for the injury, such as another contractor or an equipment maker, while receiving workers' comp.
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