Vermont · Comparative fault · Updated Oct 2026

Comparative fault in Vermont: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Vermont, the law behind it and how insurers apply it.

Short answer

In Vermont, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
12 V.S.A. § 1036: you can recover if your negligence was not greater than the defendants' total negligence; damages are reduced by your share
Insurance system
Fault (tort)

Insurance and small claims in Vermont

No PIP required. Vermont has no no-fault law: the driver who caused the crash (and their liability insurer) pays for others' injuries and damage.

Small claims limit for car damage in Vermont: $10,000 (raised from $5,000 in 2023). Vermont small claims guide on Small Claims Map

How fast an insurer must handle a claim in Vermont

  • 8 V.S.A. § 4724(9) makes it an unfair claim settlement practice to fail to acknowledge and act reasonably promptly on claim communications, among other practices, when done often enough to be a business practice.
  • The statute sets no fixed number of days.

If the insurer says you were partly at fault

  1. Get the police report. Police crash reports come from the Vermont DMV, not the State Police. Reporting a crash in Vermont and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Vermont Department of Financial Regulation, Insurance Division (Consumer Services).
  4. Sue before the deadline: 3 years for both property damage and injury.

Who pays in Vermont: fault and payout explainer

Modified comparative fault (51% bar)In Vermont, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in Vermont

Questions about comparative fault in Vermont

Is Vermont a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. 12 V.S.A. § 1036: you can recover if your negligence was not greater than the defendants' total negligence; damages are reduced by your share.

Where can I complain if an insurer blames me unfairly in Vermont?

Vermont Department of Financial Regulation, Insurance Division (Consumer Services): https://dfr.vermont.gov/consumers/file-complaint · 802-828-3302

How fast must an insurer handle a car insurance claim in Vermont?

8 V.S.A. § 4724(9) makes it an unfair claim settlement practice to fail to acknowledge and act reasonably promptly on claim communications, among other practices, when done often enough to be a business practice. The statute sets no fixed number of days.

How do I get the police report in Vermont?

Police crash reports come from the Vermont DMV, not the State Police. Fill out the DMV Record Request form (VG-116) and mail it to Department of Motor Vehicles, Driver Improvement Unit, 120 State Street, Montpelier, VT 05603. A certified copy of a police crash report costs $22; insurance information for a crash costs $10 (form VG-116). Reports are available 30 days after the crash. Questions: DMV, 802-828-2000. https://dmv.vermont.gov/enforcement-and-safety/driving-records-requests

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Sources

Last checked: Oct 24, 2026.