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★ Vermont · whiplash

Whiplash settlements
in Vermont.

By 9 min read

A state police sergeant’s unmarked truck rolled into Cheryl Brown’s car at about two miles per hour on Route 15 in Colchester. The jury found the State responsible for the crash but found she had not proven any injury, so she received nothing. A couple hurt on a motorcycle in 2017 learned that their own underinsured coverage was reduced by everything the other driver’s insurer paid.

Facts that decide a whiplash claim in Vermont

Fault is not damagesA jury can find the other driver at fault and still award nothing if you do not prove the crash injured you.Brown v. State (Vt. 2018)
Fault ruleYour negligence does not bar recovery “if the negligence was not greater than the causal total negligence of the defendant or defendants,” and damages are reduced by your share. More than half bars the claim.12 V.S.A. § 1036(a)
Seat belt useNot wearing a belt is not admissible as evidence in a civil case.23 V.S.A. § 1259(c)
★ band · US federal frame
$10,000 to $40,000
Whiplash / soft tissue (1 to 2 years)
Insurance settlement data plus VerdictSearch tabulations

The US band is the starting point. Vermont's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your whiplash claim in Vermont. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own whiplash case in about two minutes, no cost and no obligation.

Check my case
★ VT · reported whiplash outcomes

What Vermont courts have awarded.

Real Vermont decisions and verdicts, each linked to the court record or official report.

  • Brown v. State of Vermont
    Vermont Supreme Court · 2018
    Liability found; no damages; affirmed

    On May 16, 2012, in stop and go traffic on Route 15 near St. Michael’s College in Colchester, a state police sergeant took his foot off the brake while rolling down a window for his dog. His truck rolled five to six feet into Cheryl Brown’s rear bumper at about 2 mph. She denied injury at the scene. The jury found the State responsible but no proven injury; affirmed.

  • Progressive Northern Insurance Co. v. Muller
    Vermont Supreme Court · 2020
    Insurer’s setoff upheld

    In June 2017 Todd and Melissa Muller were seriously injured on their motorcycle in a collision with a car insured by GEICO; the other driver was at fault and each received $100,000. They then claimed under their own Progressive policies, with $300,000 and $500,000 combined single limits. The court held Progressive could subtract all sums paid, however many claimants there were.

★ VT · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in Vermont.

  1. 1

    See a doctor promptly and keep the records; Brown told the other driver she was not hurt.

  2. 2

    Read the setoff clause in your underinsured coverage before you settle with the other driver.

  3. 3

    Low speed crashes are hard to value; the medical link carries the claim.

★ VT · statute of limitations
3 years from date of injury

12 V.S.A. § 512

★ VT · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ whiplash severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies whiplash into the tiers below. Vermont courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Whiplash / soft tissue (minor)$3,000 to $15,000Settlement aggregates from insurance industry sources
Whiplash / soft tissue (1 to 2 years)$10,000 to $40,000Insurance settlement data plus VerdictSearch tabulations
★ whiplash · same region & fault regime

Compare to like jurisdictions.

How Vermont's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for whiplash claims.

JurisdictionFault ruleLimitationWhiplash page
Vermont · you are hereModified comparative, 51% bar3 years from date of injury—
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · whiplash →
DelawareModified comparative, 51% bar2 years from date of injuryDE · whiplash →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · whiplash →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · whiplash →
MarylandPure contributory negligence3 years from date of injuryMD · whiplash →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · whiplash →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · whiplash →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · whiplash →
WyomingModified comparative, 51% bar4 years from date of injuryWY · whiplash →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · whiplash →
VirginiaPure contributory negligence2 years from date of injuryVA · whiplash →
WashingtonPure comparative negligence3 years from date of injuryWA · whiplash →
★ VT · whiplash · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of VT
Vermont overview

Fault rule, statute, caps, and key facts for Vermont as a whole.

★ federal frame
Whiplash in United States

Whiplash band structure and severity tiers at the US level.

★ all 15 countries
Whiplash · everywhere

Cross-jurisdiction comparison of whiplash bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Vermont's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Vermont. See /methodology, /sources, and /disclaimer.