See what you can do to protect your rights and build a strong injury claim after a Wyoming car accident.
On average, at least 7 people are injured or killed each day in vehicle accidents on Wyoming roadways.¹
Wyoming is a traditional fault state, meaning you have the right to seek accident compensation from the at-fault driver. You can file a claim against their liability insurance or name the driver in a lawsuit.
What to Do After a Wyoming Car Accident
Drivers who violate Wyoming car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Here are five steps you can take after a crash to help protect your interests.
1. Stay At the Scene and Exchange Information
Wyoming drivers are required to stop at the scene of an accident involving injuries or property damage. The law says you must give the other driver and police officers your name, address, and vehicle registration number. You must also show your driver’s license to the other driver, any injured person, and the police officer upon request.
2. Call 911 and Help the Injured
Drivers must immediately notify police of an accident resulting in injury or death, in property damage of at least $1,000, or in any vehicle becoming so disabled as to prevent its normal and safe operation.
Wyoming requires drivers to stop and render reasonable assistance to anyone injured in the accident, and arrange for transportation to the nearest medical facility. Calling 911 to report the crash and ask for medical assistance satisfies your obligations.
3. Seek Prompt Medical Treatment
The impact of a vehicle crash can trigger an adrenaline surge that masks symptoms of serious injuries, such as internal bleeding or brain trauma. Even low-impact collisions can cause significant injuries, especially in vulnerable people.
Never refuse or delay medical attention after an accident. You not only risk your health, but a delay gives the insurance company a handy excuse to deny or minimize your claim. The adjuster can say your injuries weren’t caused by the accident, or that it’s your own fault the injuries are so bad.
Let the medics look you over at the scene. If they want to take you to the hospital, go with them. If you aren’t transported directly to the hospital, visit an urgent care center or see your own doctor, preferably on the same day.
Tell the doctor or care provider about every injury and symptom, not just the most obvious ones. You are entitled to compensation for every bruise and sprain, but you need detailed medical records linking all your injuries to the accident.
4. Gather Evidence From the Scene
Whether you file an insurance claim or lawsuit, the burden is on you to prove the other driver caused the accident. You’ll need evidence to show that the driver did something wrong or failed to do what a reasonable person would do to prevent the crash.
The police crash report is strong evidence of fault, especially if the other driver was ticketed for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
If you decide to handle your own injury claim you’ll need to notify both your own insurance company and the at-fault driver’s company as soon as possible after the accident. If you decide to hire an attorney, they will take care of all communications with the insurance companies.
You don’t have to wait until you’re fully recovered to notify the other driver’s insurance company of your intent to file a claim. The insurance company will respond to your notice by mail with a claim number and your claims adjuster’s contact information.
You might get a call from the adjuster with a quick settlement offer. Adjusters are paid to get rid of injury claims fast and cheap. No matter how friendly or sympathetic they act, the adjuster is not looking out for you. It’s usually not in your best interest to settle your claim before recovering from your injuries.
Politely tell the adjuster you won’t discuss settlement while still treating your injuries.
Why Notify Your Own Insurance Company?
Your auto policy is a binding contract between you and the insurance company. All personal auto policies have a notification and cooperation clause. The clause means you have a contractual obligation to notify the company when there’s an accident and cooperate with your insurance company’s investigation.
In return, your insurance company has a duty to defend you if you’re sued because of the crash. If you fail to notify your insurance company or don’t cooperate with their investigation, you could lose those valuable protections.
When you hire an attorney, the attorney will represent you with both insurance companies. The insurance adjusters won’t be allowed to contact you, as all communication must go through your attorney.
Severe or complicated cases should always be handled by an experienced personal injury attorney to be sure you get the compensation you deserve.
Wyoming Fault and Liability Rules
Wyoming is a traditional fault or “tort” state. When you’ve been injured in a vehicle accident, you have the right to file an insurance claim or a lawsuit against the at-fault driver and other liable parties. At-fault parties can include the driver, the vehicle owner, or the driver’s employer if they were on the job when the accident occurred.
The burden is on you to prove the other driver did something wrong, or failed to do what any prudent driver would do. You must prove the other driver’s fault to the insurance company or a jury.
Wyoming Shared Fault Rules
Wyoming is a 51 percent modified comparative fault state, meaning victims can seek compensation unless they are more to blame than the other party. The final compensation will be reduced by the shared percentage of fault.
Example of Modified Comparative Fault in Wyoming
Justin was driving on Hanson Ave in Jackson, approaching Redmond St. He was headed home from work. It was snowing and would soon be dark, but it was still light when he left work and he forgot to turn on his headlights.
Matthew was also heading home from work, traveling on Redmond. As he reached the intersection with Hanson, he began to turn left. He didn’t see Justin’s vehicle in time to avoid the collision.
Both drivers were injured in the collision. Matthew was cited for turning left into oncoming traffic, and Justin was ticketed for driving without his headlights on.
Justin made a $50,000 demand to Matthew’s insurance company. When settlement negotiations failed, he filed a lawsuit against Matthew.
The jury decided that Matthew was 55 percent to blame for making a left into traffic, however, Justin was 45 percent to blame for driving without headlights. Matthew may have waited to turn if he could easily see Justin coming toward the intersection.
Because of Wyoming’s modified comparative fault rules, Justin was awarded $27,500, representing a 45 percent reduction to account for his share of fault for the crash.
Wyoming Car Accident Compensation
The average settlement for a moderate car accident claim in Wyoming is $37,919, with average payouts ranging range from $7,693 for minor injuries to $242,625 for severe injuries. Million-dollar accident payouts are uncommon, and not included in our calculations to avoid overstating the average payout.
Injury settlements in Wyoming can vary widely, depending on the circumstances of the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Natrona County, Broderick v. Dairyland, S-11-0096, the plaintiff was awarded $3,500 for soft-tissue neck and back injuries. The award covered initial treatment in the ER and one follow-up visit.
- In Goshen County, Reichert v. Phipps, 02–159, the plaintiff accepted a $1.25 million settlement prior to trial. The plaintiff suffered a traumatic brain injury and a lumbar injury requiring surgery.
Factors that impact Wyoming car accident compensation:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like delivery trucks and tractor-trailers, carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
Wyoming State Minimum Insurance Requirements
Drivers in Wyoming must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, and $20,000 for property damage.
Wyoming requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage for bodily injury or death, but the policyholder may reject this coverage.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by adding your economic damages, such as medical bills, out-of-pocket expenses, and lost wages, then adding one to three times that amount for your non-economic damages, like pain and suffering.
The multiple used for non-economic damages depends on how much your injuries disrupted your life after the accident. A multiple of one is reasonable for a few days on the couch with a heating pad. A multiple of two or three is reasonable for a slipped disc that kept you housebound all winter.