When a serious car accident happens in Vermont, both drivers and passengers can suffer devastating injuries, emotional distress, and financial losses. But a common question arises after the shock settles — can both the driver and the passenger file lawsuits for compensation? The answer often depends on who was at fault, what type of insurance coverage applies, and how Vermont’s comparative negligence laws affect liability. Understanding these nuances is key to protecting your right to recover damages.
Understanding Vermont Car Accident Laws
Vermont follows a fault-based system for car accidents, which means the person responsible for causing the crash is also financially liable for resulting injuries and property damage. Victims can seek compensation through:
- The at-fault driver’s insurance (third-party claim)
- Their own insurance (if they have certain optional coverages)
- A personal injury lawsuit filed in court
Both drivers and passengers have the legal right to file claims — but the process and potential outcomes vary depending on fault.
When a Passenger Can File a Lawsuit in Vermont
Passengers are almost never considered at fault for an accident, which makes their claims relatively straightforward. A passenger can file a personal injury claim against:
- The driver of another vehicle, if that driver’s negligence caused the crash.
- The driver of their own vehicle, if that driver was at fault (for example, through speeding, distraction, or impairment).
In multi-vehicle accidents, passengers can even pursue claims against multiple parties, depending on each driver’s share of responsibility.
For example, if both drivers contributed to the collision, a passenger may be entitled to collect compensation from both insurance companies, based on their proportion of fault.
When a Driver Can File a Lawsuit in Vermont
Drivers who are injured in an accident may also file a lawsuit — but their ability to recover depends on whether they share fault for the crash. Vermont uses a modified comparative negligence rule under 12 V.S.A. § 1036, which allows victims to recover damages only if they are less than 50% at fault for the accident.
In practice, this means:
- If you are 20% at fault, your total compensation will be reduced by 20%.
- If you are 50% or more at fault, you cannot recover damages from the other driver.
This law ensures fairness — injured drivers can still seek justice when another party’s negligence primarily caused the collision.
Types of Damages Available to Drivers and Passengers
Both drivers and passengers can seek compensation for a wide range of losses, depending on the severity of their injuries and the circumstances of the crash. These may include:
- Medical expenses (hospital bills, rehabilitation, ongoing care)
- Lost wages and reduced earning capacity
- Property damage (for drivers)
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
In fatal accidents, surviving family members may also pursue a wrongful death claim to recover funeral expenses and compensation for loss of companionship.
Key Factors That Influence Liability in Vermont Car Accident Lawsuits
Determining who can sue — and how much they can recover — often depends on several key factors:
Negligence: Who acted carelessly or violated traffic laws.
Insurance coverage: Vermont drivers must carry minimum liability insurance, but additional policies like underinsured motorist coverage may expand recovery options.
Vehicle ownership: If the at-fault driver was borrowing a car, the vehicle owner’s insurance could also come into play.
Severity of injuries: More serious or long-term injuries typically result in higher settlements or verdicts.
Each of these factors must be carefully reviewed by an experienced Vermont car accident attorney who can identify all sources of compensation.
Insurance Requirements and Legal Options for Passengers
Under 23 V.S.A. § 800, Vermont law mandates that every driver carry minimum liability coverage of $25,000 for bodily injury to one person and $50,000 for two or more people.
This means that if you’re a passenger injured in a crash, you can often file a claim against the driver’s liability insurance. However, if the damages exceed those policy limits — which is common in serious crashes — you may need to explore additional coverage, such as:
- Uninsured/Underinsured Motorist Coverage (UM/UIM): Applies when the at-fault driver lacks sufficient coverage.
- Medical Payments (MedPay): Covers medical expenses regardless of fault.
In cases involving multiple injured passengers, insurance proceeds may be divided, which can limit the amount available to each victim. That’s one reason why legal representation is vital early in the claims process.
What If the Passenger and Driver Are Friends or Family?
One of the most emotionally complex situations arises when a passenger needs to file a claim against a friend or family member who was driving. While it may feel uncomfortable, these claims are typically handled between insurance companies — not personally between the parties.
Filing a claim ensures that medical bills and other losses are covered by the driver’s policy, rather than out of pocket. Vermont law protects injured victims’ rights to compensation, even when personal relationships are involved.
Step-by-Step: How Drivers and Passengers File Car Accident Lawsuits in Vermont
When filing a lawsuit after a Vermont car accident, both drivers and passengers typically follow a similar legal process:
- Seek medical treatment and document all injuries.
- Report the accident to law enforcement and your insurance provider.
- Consult a car accident lawyer to determine liability and legal strategy.
- Gather evidence, such as police reports, witness statements, and photos.
- File insurance claims with all potentially liable parties.
- Attempt settlement negotiations — most cases resolve without trial.
- File a lawsuit if fair compensation isn’t offered.
- Proceed through discovery and trial if necessary.
Following these steps with professional guidance helps ensure your rights are protected from the start.
Example: Shared Fault and Dual Claims in Vermont
Consider this: A driver in Burlington is rear-ended by another vehicle while making a legal turn. The impact causes the driver’s passenger to suffer a concussion and broken ribs. The investigation finds the rear driver 80% at fault, but the turning driver 20% responsible for not signaling early enough.
Here’s what happens next:
- The passenger can file a claim against both drivers’ insurers, seeking compensation for medical expenses and pain and suffering.
- The driver can also file a claim against the rear driver for 80% of their own damages.
- Under Vermont’s comparative negligence rule, the turning driver’s recovery is reduced by 20%, but they still receive partial compensation.
This scenario illustrates how both the driver and passenger may successfully recover damages when liability is shared — as long as fault is properly apportioned.
Statistics on Vermont Car Accidents
According to the Vermont Agency of Transportation, there were over 12,000 reported vehicle crashes in 2023, with more than 2,000 resulting in injuries. In many of those cases, multiple occupants in the same vehicle required compensation from different insurers. These figures highlight how common it is for both drivers and passengers to pursue separate claims arising from a single event.
Why Legal Guidance Matters in Vermont Car Accident Claims
Even though both drivers and passengers can file claims, navigating the process can be complicated — especially when insurance companies dispute fault or minimize payouts. A skilled Vermont car accident attorney can help by:
- Investigating fault and gathering evidence.
- Calculating full compensation, including long-term care costs.
- Negotiating with multiple insurance carriers.
- Ensuring compliance with Vermont’s two-year statute of limitations for personal injury claims (12 V.S.A. § 512).
Having legal representation ensures that your claim isn’t undervalued or unfairly denied.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If you were injured in a Vermont car accident — whether as a driver or a passenger — you don’t have to navigate the aftermath alone. The legal team at Brandon J. Broderick, Attorney at Law understands how Vermont’s comparative negligence and insurance laws apply to your case and can fight for the full compensation you deserve.
From medical bills and lost wages to pain and suffering, we handle every detail so you can focus on recovery. Whether your case involves shared fault, complex insurance coverage, or serious injuries, our Vermont car accident attorneys are ready to protect your rights and pursue justice.