Rights of drunk driving accident victims in Vermont

Getting hit by a drunk driver is not an ordinary crash, and Vermont law treats it differently at several points. This page covers what is specifically true in Vermont: the deadlines, the dollar figures, the people you can hold responsible, and the coverage that usually decides whether you actually get paid.

The problem is real here. In 2023, 18 of Vermont's 69 traffic deaths involved a driver with a blood alcohol concentration of 0.08 or higher, 26 percent of all road deaths that year, close to the national share of 30 percent.¹ Against a statewide backdrop of 7,593 reported crashes in 2025, and 623 in May 2026 alone, impaired driving keeps showing up in the worst of them.²³

Two separate cases come out of one crash

A drunk driving crash sets off two tracks that run at the same time. The State can prosecute the driver under 23 V.S.A. § 1201, which makes it a crime to operate with a BAC of 0.08 or more (0.04 in a commercial vehicle, 0.02 in a school bus) or while under the influence of alcohol or any other drug, and refusing a lawful evidentiary test after a crash that seriously injures or kills someone is itself a crime.⁴

That criminal case is not your case. If the driver is convicted, a Vermont court must consider restitution, and it does so in every case where the victim has a "material loss" (13 V.S.A. § 7043). Restitution is narrow. It covers uninsured out-of-pocket losses like property damage, lost wages, and medical bills, paid through the Vermont Restitution Unit, and if a victim dies from the crime the court can order up to $10,000 from the Restitution Fund to the estate.⁵ It does not pay for pain and suffering. For that, and for anything insurance and restitution leave unpaid, you bring your own civil claim.

How long you have to sue

Your civil claim for a personal injury has to be filed within three years of the crash (12 V.S.A. § 512(4)). A damaged-vehicle claim gets the same three years (§ 512(5)).⁶ The clock can pause for a minor's injuries, for legal incapacity, or while the at-fault driver is out of state, but do not plan around those exceptions.

One deadline is shorter and catches people off guard. If you are suing the bar, restaurant, or store that over-served the driver, that dram shop claim must be filed within two years, not three (7 V.S.A. § 501(d)).⁷ Miss it and the driver may be the only defendant left.

Who you can hold responsible besides the driver

Vermont's Dram Shop Act lets an injured person sue a licensed alcohol seller that helped cause the crash. Under 7 V.S.A. § 501 you have a claim against a licensee that made an unlawful sale, meaning it served a minor or served after legal serving hours, and a claim against a licensee that negligently served someone who was already apparently under the influence. The statute lets you sue the drunk driver and the licensee together or separately.⁷ This matters most when the driver is uninsured or badly underinsured and the seller's coverage is the only real source of recovery.

Sharing the blame does not end your case

Vermont uses modified comparative negligence. Under 12 V.S.A. § 1036 you can still recover as long as your share of fault is not greater than the combined fault of the people you sue, and your award is then cut by your own percentage. Cross the line to more than 50 percent and you recover nothing.⁸ In a drunk driving case the impaired driver usually carries most of the fault, but expect the insurer to argue you were speeding, unbelted, or crossing where you should not have been, all to shave the number down.

What you can recover, including punitive damages

There is no statutory cap on compensatory or punitive damages in a suit against a private drunk driver in Vermont. The only dollar ceiling in this corner of the law applies to claims against the State of Vermont itself, $500,000 per person and $2,000,000 per occurrence (12 V.S.A. § 5601).⁹

Punitive damages are on the table, though the bar is high. The Vermont Supreme Court, in Fly Fish Vermont, Inc. v. Chapin Hill Estates, Inc., requires conduct that is "outrageously reprehensible" together with malice, a standard the Court has said can be met by reckless disregard rather than only ill will.¹⁰ Choosing to get behind the wheel drunk is the kind of conduct that can support a punitive award on the right facts.

For the damage to your vehicle, Vermont's at-fault rules also let you pursue the market value a repaired car loses afterward. Our Vermont diminished value guide covers how that claim works.

Insurance is usually what decides the outcome

Vermont is an at-fault (tort) state, not a no-fault state, so you collect from the at-fault driver's liability insurer rather than from your own PIP, and Vermont does not require drivers to carry PIP. Every driver must carry at least $25,000 per person and $50,000 per crash for injuries, plus $10,000 for property damage (23 V.S.A. § 800).¹¹ Those minimums are thin, and impaired drivers are often the least insured people on the road.

That is why your own uninsured and underinsured motorist coverage frequently matters most. Vermont requires every auto policy to include UM/UIM protection of at least $50,000 per person and $100,000 per crash, and if you carry higher liability limits your UM/UIM has to match them unless you direct your insurer otherwise. The coverage also reaches hit-and-run drivers and drivers whose insurer has gone insolvent (23 V.S.A. § 941).¹²

One rule helps you move fast. The at-fault owner and driver have to give you the name, address, and policy number of every liability insurer that might cover the crash within five days of the injury (23 V.S.A. § 1129(c)).¹³ If they stall, that is a legal obligation, not a courtesy.

Reports and first steps

If anyone was hurt or the total property damage tops $3,000, the driver must file a written crash report with the Vermont DMV within 72 hours (23 V.S.A. § 1129(a)).¹³ Get police to the scene so the impairment is documented, and request the official report once it is ready.¹⁴ Our Vermont crash reports page explains how to get yours.

Keep every medical record and repair estimate, because restitution and your civil claim both turn on documented, uninsured losses. When you are ready to weigh a claim against the driver, a bar, or your own UM/UIM carrier, you can find a Vermont attorney through our legal directory.

This article is general information, not legal advice.

Sources

1. NHTSA, State Alcohol-Impaired-Driving Estimates: 2023 Data (Table 2). https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813726.pdf

2. thatcarhitme.com, Vermont (Statewide) Crash Report, 2025. https://thatcarhitme.com/crash-data/vermont/statewide/2025-annual-report

3. thatcarhitme.com, Vermont (Statewide) Crash Report, May 2026. https://thatcarhitme.com/crash-data/vermont/statewide/may-2026-report

4. 23 V.S.A. § 1201, Operating vehicle under the influence. https://legislature.vermont.gov/statutes/section/23/013/01201

5. 13 V.S.A. § 7043, Restitution. https://legislature.vermont.gov/statutes/section/13/221/07043

6. 12 V.S.A. § 512, Injuries to person or property. https://legislature.vermont.gov/statutes/section/12/023/00512

7. 7 V.S.A. § 501, Unlawful sale of alcoholic beverages; civil action for damages. https://legislature.vermont.gov/statutes/section/07/017/00501

8. 12 V.S.A. § 1036, Contributory and comparative negligence. https://legislature.vermont.gov/statutes/section/12/027/01036

9. 12 V.S.A. § 5601, Liability of the State. https://legislature.vermont.gov/statutes/section/12/189/05601

10. Fly Fish Vermont, Inc. v. Chapin Hill Estates, Inc., 2010 VT 33 (Vermont Supreme Court). https://www.vtcourts.gov/sites/default/files/documents/2007-476.pdf

11. 23 V.S.A. § 800, Maintenance of financial responsibility. https://legislature.vermont.gov/statutes/section/23/011/00800

12. 23 V.S.A. § 941, Insurance against uninsured, underinsured, or unknown motorists. https://legislature.vermont.gov/statutes/section/23/011/00941

13. 23 V.S.A. § 1129, Crashes; reports. https://legislature.vermont.gov/statutes/section/23/013/01129

14. Vermont DMV, Crashes. https://dmv.vermont.gov/enforcement-and-safety/laws/crashes