Burlington Uninsured Motorist Accident Lawyer

More than one in seven drivers on the road today carries no auto insurance at all, and thousands more have policies so thin they evaporate the moment a serious injury occurs. If one of those drivers has just hurt you or someone you love in Burlington, the recovery you deserve will not come from them. It will come from a coverage system most Vermonters have been quietly paying into for years without ever reading the fine print, and from an attorney who knows how to force that system to pay what it owes.

At Promoting Justice Personal Injury & Car Accident Lawyers, our local uninsured motorist accident lawyers in Burlington, VT, represent injured victims who need a strong advocate in their corner. Uninsured and underinsured motorist claims are a distinct corner of Vermont injury law, with technical rules, deadlines that move faster than most people expect, and dollars that are often the only ones available to cover a lifetime of medical bills, lost income, and permanent harm.

Get a free case evaluation & consultation and discover how our uninsured motorist accident attorneys in Burlington can help you seek the compensation and justice you deserve.

Why You Need a Burlington UM and UIM Lawyer

The driver who hurt you walked away without insurance. Now the company you have been paying to protect you is the one standing between you and what you are owed. In Uninsured Motorist (UM) and Underinsured Motorist (UIM) claims, your own insurer becomes your legal adversary, and they have every financial reason to minimize your payout.

We have fought this battle for injured Vermonters since 1980. Attorney Linda Fraas spent years on the insurance defense side of these claims before joining our firm, and she now applies that insider knowledge exclusively in your favor, giving us a distinct edge in anticipating and countering the strategies insurers routinely use against claimants.

Call (802) 457-4848 for a free case review. You owe us nothing unless we win.

When UM and UIM Coverage Applies in Vermont

UM coverage pays when the at-fault driver carried no insurance policy at all. UIM coverage applies when that driver was insured, but their policy limits are too low to fully compensate you for your injuries and losses.

Vermont law requires every auto policy to include a minimum of $50,000 per person and $100,000 per accident in UM/UIM coverage. Those are legal minimums, and for serious injuries, they often fall well short, which is why reviewing every policy in your household is one of the first things we do.

You may have a valid UM or UIM claim if your crash involved:

• A hit-and-run driver who fled before you could identify them
• An at-fault driver operating with no active auto insurance
• An at-fault driver whose limits fall below your total damages
• A phantom vehicle that caused your crash without making physical contact
• A resident family member struck as a pedestrian or cyclist by an uninsured driver

Hit-and-run crashes in downtown Burlington, around the Church Street Marketplace and along North Avenue and Pearl Street, are among the UM claims we see most often. Without a plate number, the claim depends on the police report, nearby business cameras, and witness statements, and that footage is often recorded over within days, so we move quickly to request it.

What to Do After a Crash With an Uninsured Driver

The steps you take in the hours following the crash directly determine the strength of your claim, and some mistakes cannot be corrected, no matter how experienced your attorney is.

Call 911 and Get Medical Care

Always call the police and get medical treatment right away, even if your injuries feel minor. Without a police report and early treatment records, insurers will argue the crash was not serious and that your pain came from somewhere else entirely.

Document the Scene and Any Witnesses

Photograph both vehicles, road conditions, and your visible injuries before anything is moved. If witnesses stopped, get their names and contact information before they leave. In hit-and-run and phantom vehicle cases, a single eyewitness account can make or break the entire claim.

Decline a Recorded Statement

Your own insurer will call quickly and ask for a recorded statement. Politely decline until you have spoken with our team. Adjusters are trained to ask questions designed to establish partial fault or minimize your injuries, even when they represent your own policy.

Notify Your Insurer in Writing and Call Us

Most Vermont auto policies require prompt written notice of a potential UM or UIM claim. Missing that internal deadline can cost you your right to any benefits at all, so notify your insurer and then call us before saying anything further.

What Damages a UM or UIM Claim Can Cover

A UM or UIM claim is designed to make you whole, recovering the same losses you would have pursued against any fully insured at-fault driver. Vermont law allows both economic damages (your direct financial losses) and non-economic damages (the deeply personal toll the crash has taken on your life).

We fight to recover the full value of every harm you have suffered, including:

• All past and future medical expenses
• Lost wages and reduced earning capacity going forward
• Physical pain and emotional suffering
• Permanent disability, scarring, or disfigurement
• Loss of enjoyment of your daily life
• Wrongful death damages when a family member was killed

These are the same categories of loss at the center of a combined auto-accident and workers’ compensation recovery we secured for a seriously injured client.

How Vermont’s UM and UIM Coverage Rules Work

Vermont is an at-fault state. The driver who caused your crash is legally responsible for your damages. When they cannot pay because they had no coverage or too little, your own policy becomes the source of your recovery.

Three key rules shape how that recovery is calculated:

• Offsets reduce your UIM payout: Any amount paid by the at-fault driver’s carrier is subtracted from your UIM benefit. If their insurer pays $25,000 and your limit is $100,000, your carrier owes up to $75,000.
• Stacking may increase your available coverage: Depending on your policy language, you may be able to combine UM/UIM limits across multiple vehicles on your household policy, significantly raising your total recovery ceiling.
• Coverage extends to household members: UM/UIM protection applies to resident family members even if they were injured in another vehicle or while walking or biking.

Vermont also applies a modified comparative negligence rule: your recovery is reduced by your share of fault but not eliminated unless you were more than 50% responsible. In UM/UIM disputes, insurers push hard to assign partial blame to you to shrink what they owe. We use crash reconstruction and medical documentation to counter that head-on.

How Insurance Companies Fight UM and UIM Claims

Because we represent only injured people, never insurers or corporations, we know exactly how these claims are defended from both sides of the table.

• Delay and attrition: Dragging out the process until financial pressure forces you to accept far less than your claim is worth
• Recorded-statement traps: Using your own words to suggest partial fault or to minimize how badly you were hurt
• Prior injury arguments: Combing your medical history to blame your pain on a condition that predated the crash
• Policy exclusion disputes: Arguing on technicalities that your specific circumstances fall outside your own coverage

Attorney Fraas spent her career building these exact defenses. She now uses that knowledge to dismantle them on your behalf.

“I have worked with Attorney Shillen once before and without his help, I don’t know how I would’ve solved my problems and worked with the insurance company on my own.” (Carroll W., client review)

In the UIM cases we see, a common friction point comes after the at-fault driver’s insurer offers its full $25,000 Vermont minimum. Your own carrier’s consent rules and offset language can affect whether accepting that payment protects or jeopardizes your UIM claim, so we review your policy before any release is signed.

The Deadline to File a UM or UIM Claim in Vermont

Vermont’s statute of limitations gives you three years from the accident date to file a personal injury claim, and two years for wrongful death. But your auto policy likely sets its own notice requirements, and those run much faster.

Missing your policy’s notice deadline, even by a matter of days, can result in a total denial of your UM or UIM benefits, regardless of how valid your claim is. Call us the moment you believe you may have a claim.

Cross-Border Crashes With New Hampshire Drivers

New Hampshire does not require drivers to carry auto liability insurance, which puts Vermont drivers at heightened risk every time they cross into New Hampshire or share the road with NH motorists. If an uninsured New Hampshire driver causes your crash, your Vermont UM policy still applies and your rights remain fully protected.

Our satellite office in Manchester, NH gives us working knowledge of both states’ insurance laws when a cross-border claim arises.

Crashes on I-89 and US-2 involving drivers headed back toward New Hampshire are a regular part of the cross-border claims we see. When the at-fault New Hampshire driver chose not to buy insurance, the injured Vermonter’s own UM coverage often becomes the only real source of recovery, so we pin down the policy terms and notice requirements in the first week.

What It Costs to Hire Us

We handle every UM and UIM case on a contingency fee basis, with no upfront costs, no retainer, and no attorney fees unless we recover compensation for you. We advance all litigation expenses, including expert witness fees and court costs, because your financial situation should never determine the quality of your representation.

Call (802) 457-4848 or contact us online. No recovery means no fee.

Why Burlington Residents Choose Promoting Justice

Led by AV Preeminent-rated attorney Dennis O. Shillen, Promoting Justice Personal Injury & Car Accident Lawyers has fought for injured people since 1980, never for corporations, never for insurance companies, never for any defendant. Our attorneys and dedicated legal support staff bring decades of combined experience and serve injury victims in Vermont, New Hampshire, and Florida.

In Dennis Shillen’s own words: “My firm advances our client’s rights as a crusader would pursue a noble cause. Simply stated, we are motivated by helping our fellow man and by the fact that we hate to lose.”

“Jim has even called me on a Sunday & after hours to keep me informed.” (Wayne B., client review)

Frequently Asked Questions

Is Vermont an At-Fault or No-Fault Insurance State?

Vermont is an at-fault state, meaning the driver who caused the accident is legally responsible for your damages. In UM/UIM claims, you must still establish the other driver’s fault even when recovering through your own policy.

Do I Need to Report a Crash to the Vermont DMV?

Vermont law requires a crash report to the DMV when the crash involves injury or total property damage of $3,000 or more, and the report is due within 72 hours. Our team can help you complete and submit that report correctly.

What Happens if the Driver Who Hit Me Had No Insurance?

You file a claim under the Uninsured Motorist coverage on your own auto policy, and your insurer is legally obligated to step into the at-fault driver’s place and pay your damages up to your UM policy limits.

Should I Give My Own Insurance Company a Recorded Statement After a Crash?

No. Your insurer has a direct financial interest in limiting your payout, and recorded statements are routinely used to undermine valid claims, so contact our team before responding to any adjuster.

Will My Insurance Rates Increase if I File a UM or UIM Claim?

Vermont law prohibits insurers from adding a surcharge to your premium because of a claim paid under your uninsured motorist coverage.

How Long Does a Vermont UM or UIM Claim Take to Resolve?

Most claims resolve within several months to over a year, depending on your injury severity, how quickly you reach maximum medical recovery, and how aggressively the insurer disputes the claim.

Can a Passenger, Pedestrian, or Cyclist File a UM or UIM Claim?

Yes. UM/UIM coverage protects you and your resident household members, including injured non-drivers traveling as a passenger in another vehicle or struck while walking or biking.

Hit by an uninsured driver in Burlington? Call Promoting Justice Personal Injury & Car Accident Lawyers at (802) 457-4848 or contact us online. Your consultation is free, and you owe us nothing unless we win.