Vermont: Should You Accept the First Offer You Are Given?

Vermont makes each defendant pay only their own share of fault — a structural detail worth understanding before weighing a multi-defendant settlement.

Why the first number is rarely the real number

Insurance adjusters routinely open negotiations with a conservative figure, expecting a counteroffer. Accepting that first offer typically closes the claim permanently — there's generally no going back to ask for more later, even if additional injuries or costs surface afterward.

Several liability: each defendant pays their own share

Vermont uses several, not joint and several, liability for negligence claims. Under 12 V.S.A. § 1036, where recovery is allowed against more than one defendant, each is liable for the proportion of the total award matching their own causal negligence relative to all defendants' combined causal negligence — not the full amount regardless of their individual share.

Why this matters at the negotiating table

In a claim involving more than one at-fault party, this structure means collecting the full value of the claim may require pursuing recovery from each defendant separately, rather than relying on a single well-insured defendant to cover the whole amount. A settlement offer from just one defendant's insurer should be weighed with that in mind — it may represent only that defendant's proportional share, not the full value of the claim.

An exception where fault doesn't reduce recovery at all

Since 2024, this fault-apportionment framework doesn't apply at all to a negligence claim relating to a sexual act or sexual conduct — fault isn't a defense in that context, so there's no proportional reduction to negotiate around for that specific type of claim.

The baseline still applies

None of this changes the ordinary approach to a first offer: compare it against a complete, well-documented account of your actual damages before deciding whether to accept or counter, since the decision is generally final once made.

Accepting the first offer — frequently asked questions

Why is the insurer's first offer in Vermont usually low?

Insurance adjusters routinely open with a conservative figure, expecting negotiation. Accepting that first offer typically closes the claim permanently, with no ability to ask for more later even if additional injuries surface.

Does Vermont hold multiple defendants jointly responsible for a full judgment?

No — Vermont uses several, not joint and several, liability for negligence claims. Each defendant found liable pays only their own proportionate share of the total damages, based on their individual percentage of causal negligence.

Why does several-only liability matter when evaluating a multi-defendant settlement?

Because collecting the full value of a claim may require pursuing recovery from each defendant separately, rather than relying on one well-insured defendant to cover the whole amount, which affects how realistic a given settlement figure actually is.

Is there an exception to fault-based proportional recovery in Vermont?

Yes — since 2024, fault is not a defense at all in a negligence claim relating to a sexual act or sexual conduct, so the usual proportional-fault framework doesn't reduce that type of claim.

What should you do before responding to a first offer in Vermont?

Compare it against a documented estimate of your full economic and non-economic damages before accepting or countering, since the offer closes the claim permanently once accepted.

This page provides general guidance only and is not legal advice. Figures are based on 12 V.S.A. § 1036, verified per our methodology. Confirm with a licensed Vermont attorney before acting.