The statute of limitations for car accident claims is three years in Vermont.
You may face a number of issues after a car accident. Your medical bills may pile up, your vehicle may be severely damaged, and you will likely face a long road to recovery. To help with all of these challenges, you may consider pursuing fair compensation from thenegligent party who caused your crash.
No two car accident cases are exactly alike and so, your journey to financial recovery will look different from other car accident victims. However, there is one thing all car accident cases have in common. This is the statute of limitations. Below, our Vermont car accident lawyer explains further.
What is a Statute of Limitations?
All states in the country have laws known as the statute of limitations. This is the limited amount of time someone has to file a lawsuit. Criminal cases also typically have a statute of limitations that limits the amount of time a defendant can face charges for an offense.
It is critical that you understand what the statute of limitations is in your case after a car crash. If you miss the statute of limitations, it can be impossible to obtain any compensation.
The statute of limitations for car accident claims is three years in Vermont. This is typically measured from the date of the crash, though there are some circumstances that may extend that time frame. If you do not file a lawsuit within the statute of limitations period, your case will be dismissed and you will be out of luck.
The Reason for the Statute of Limitations
Over time, important evidence in a case can become destroyed, lost, or otherwise unavailable. The memories of eyewitnesses, and even accident victims themselves, can also fade, making it harder for these individuals to remember important details about the collision.
The statute of limitations motivates car accident victims to pursue legal action sooner rather than later, which can help prevent issues when evidence is not available or information is forgotten. The sooner action is taken, the more likely you can obtain important evidence and remember key details.
The statute of limitations that governs car accident claims provides protection for defendants. If there was no statute of limitations, accident victims would have an unlimited amount of time to file a lawsuit against negligent parties. When plaintiffs only have a certain amount of time to file a lawsuit, it also protects the court from wasting time on claims that no longer have any merit.
What is the Statute of Limitations for Car Accident Lawsuits in Vermont?
In Vermont, thestatute of limitations is three years from the date of the car accident. This means you have only three years to file your lawsuit or you will forfeit any compensation. Many people think that three years is a long time after a car crash, but it is not. Before your lawsuit is filed, an investigation must be conducted and evidence must be collected to prove your case. All of this takes a great deal of time and so, it is important to speak to a Vermont car accident lawyer as soon as possible after an accident.
Insurance Claims vs. Lawsuits
There are two ways to obtain the compensation you need after a car accident. The first is through a third party insurance claim. Vermont is a fault, or tort, state. This means that if someone else’s negligence caused the crash that resulted in injury, you can pursue compensation by filing a claim with their insurance company.
The majority of car accident cases in the state do not proceed further than the insurance claim phase. Your lawyer will negotiate a fair settlement with the insurer without the need for you to file a lawsuit or go to court. Insurance claims do not involve statute of limitations, so you do not need to worry about the law during this phase.
However, insurance companies often have their own time limits. Even your own insurer may require you to report the crash within 24 hours, even if the accident was not your fault. As such, it is critical that you understand what these time limits are and that you comply with them. Insurance companies are also often notorious for treating accident victims unfairly and in these cases, you may have to proceed with a lawsuit.
When your lawyer starts working on your case, they will send the insurance company a demand letter. The demand letter will include important information, such as how the crash occurred, any injuries that resulted, and the liability of the insured. The letter will also demand a certain settlement and if those terms are not met, your lawyer will threaten the insurer with a lawsuit. This is often enough to motivate insurers to settle the claim because they do not want to face a lawsuit.
If your case does proceed to the lawsuit, you will have three years from the date of the accident to file your claim. This does not mean your case must be resolved before then, only that you must file the lawsuit with the court.
Exceptions to the Statute of Limitations
If you fail to file a lawsuit before the statute of limitations expires, you will likely forfeit your right to claim compensation. However, there are some exceptions to the law. These include:
- The accident victim is a minor child
- The accident victim lacks the mental capacity to file a lawsuit
- The defendant has left the state
- The defendant is a government entity
- The defendant passed away from the injuries they sustained during the crash
The above exceptions can either lengthen the amount of time to file a lawsuit, or shorten it. A lawyer can advise on the facts of your case and determine if there is still time to file.
Our Car Accident Lawyer in Vermont Can Help
At Larson & Gallivan Law, ourVermont car accident lawyer can provide the legal advice you need after a crash and make sure your case is filed on time. Call us now at 802-327-8458 or contact us online to schedule a consultation and to learn more about how we can help.
