Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar
Circuit # 2

>Photo of Vermont

Med Pay Subrogation - Yes
PIP Subrogation - No

Statute of Limitations

  • Statute of Repose: Products N/A
  • Statute of Repose: Real Property N/A
  • Breach of Contract (Written) 6 years
  • Personal Property 3 years
  • Personal Injury 3 years
    • Wrongful Death 2 years
    • Medical Malpractice 2 or 3 years
  • Warranty 4 years

Able to Pursue Owner

Sue Owner for Negligence – NO
Suspend Owner’s License – NO

Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists; Vermont’s Department of Insurance advises its policy is to require pro rata distribution of recovered monies between the insurer and insured


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

75% of debtor’s wages are exempt from attachment except for a consumer debt and then 85% of the debtor’s wages are exempt; If at the hearing a debtor can show his income is used for reasonable and necessary living expenses for himself and that of his legal dependents, his income may be exempt; If an order to garnish is obtained, it continues until the judgment is paid in full or his employment is terminated

Parental Responsibility

Unemancipated Minor (Under 18)
Dollar Limit on Parents’ Liability: $5,000
Liability imposed when child willfully or maliciously injures person or property

Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease

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