by winburnlawThe Person Who Hit Me Has No Insurance. Do I Still Have A Car Accident Claim?
You probably do. In Vermont, as in other States, uninsured motorist insurance is required. When you purchase insurance to protect against accidents that you may cause, you also have purchased insurance for people who cause accidents that do not have car insurance. In essence, you have purchased an automobile insurance policy for a future unknown person who will run into you that will pay for your full damages as though they were insured themselves.
Uninsured motorist coverage is not a gift from your insurance company. You paid for it and paid premiums. Insurance companies will not always volunteer that you have this coverage if you find yourself in these circumstances but it should be used if the need arises. It acts just like insurance for the other person and, in fact, the Vermont Supreme Court has ruled that your own insurance company becomes your adversary in an uninsured motorist claim.
We handle cases all over the State of Vermont – in Bennington, Burlington, Brattleboro, Rutland, Woodstock, St. Albans, Montpelier, Manchester, Springfield, the Northeast Kingdom and anywhere else where there is jurisdiction in the State of Vermont. If you have a personal injury problem feel free to contact us.
by winburnlawComparative Negligence
Vermont adheres to a comparative negligence law that allows multiple parties to be negligent for causing an accident. Although an accident may be 100% the fault of only one person, sometimes two or more people contribute to the cause of the accident. This percentage is determined by a jury if the case is not resolved.
There are a variety of different comparative negligence laws and each State adopts its own. This is an artificial system that legislatures create in order to provide rules that limit lawsuits. There is no right or wrong comparative negligence law – only the one that your elective representatives determine is the one that should be followed. The determination of whether the Vermont comparative negligence law applies to your case can be complicated and you should consult an attorney to further review the circumstances of your case.
We only practice personal injury law and have represented clients from all over the United States as well as the State of Vermont who have had accidents in Vermont – in Springfield, Manchester, Burlington, Montpelier, Woodford, Rutland, Woodstock, Brattleboro, St. Albans, the Northeast Kingdom, Wilmington, Bennington and anywhere else where there is jurisdiction in the State of Vermont. If you have a personal injury problem feel free to contact us.