Is Wyoming a No-Fault State?

Is Wyoming a No-Fault State?

Wyoming is not a no-fault state. The car accident laws in Wyoming impose liability for collisions on the driver who caused the crash rather than the victim’s insurer.

Details of No-Fault Insurance Systems

Only 12 states use no-fault insurance, although no-fault coverage is sold in five additional states as an add-on to traditional fault-based insurance. This setup was devised to eliminate lawsuits for minor crashes. It also ensures that everyone injured in an accident, including the driver who caused it, receives basic compensation.

In no-fault states, vehicle owners must buy personal injury protection (PIP) coverage. After a collision, injured vehicle occupants file claims with the insurer of the vehicle they were riding in. PIP benefits are paid without regard to fault.

Wyoming’s At-Fault Insurance System

Under Wyoming Statutes section 31-9-405, vehicle owners must carry the following auto insurance coverages:

• Bodily injury liability of at least $25,000 per person, up to $50,000 per accident.
• Property damage liability of at least $20,000 per accident.

Notably, vehicle owners in Wyoming aren’t required to carry PIP coverage. Instead, they carry liability coverage. Liability coverage doesn’t compensate the insured driver for the injuries they suffer; it protects them against third-party claims for injuries they cause.

This means that crash victims in Wyoming aren’t required initially to seek compensation from their own insurer. Rather, they’ll usually seek compensation from the insurer of the driver who caused the crash.

This raises two important questions. First, what happens when the at-fault driver is uninsured?

Wyoming doesn’t require uninsured motorist coverage, though it does require insurers to offer it by default. This coverage will be included in your policy unless you reject it. It pays for your losses if an uninsured driver hits you. However, it’s still fault-based because you must prove that the other uninsured driver was to blame for your crash.

Second, can vehicle owners buy optional no-fault coverage in Wyoming?

You can add optional medical payments (MedPay) coverage to your auto policy. This acts somewhat like PIP coverage, as it pays for crash-related medical expenses, regardless of fault. However, MedPay isn’t required by law the way PIP is required in no-fault states.

How Fault Is Determined After a Crash

Wyoming liability insurance fault determinations are made by applying basic negligence principles to the circumstances of the crash.

Generally, establishing negligence requires proving the following elements:

• Duty of care
• Breach of duty
• Causation
• Compensable harm or less

All drivers have a legal duty to exercise reasonable care for the safety of other road users, including motorists, pedestrians, and cyclists. They may breach this duty when their actions are unreasonably dangerous.

In many cases, such a breach involves a traffic violation, like speeding or running a stop sign. However, breaches can also involve risky behaviors that don’t result in traffic citations.

For example, Wyoming law prohibits drivers from reading or typing messages on a handheld device, while operating a vehicle. However, it permits them to hold a phone to their ear while driving. Even though talking on a handset is legal, it may still constitute negligence because it poses an unreasonable danger to others.

Wyoming’s Comparative Negligence Rule

What happens when both drivers are at fault for an accident?

Under Wyoming Statutes section 1-1-109, victims are entitled to pursue compensation for their injuries, even if they’re partially to blame for the accident. However, their compensation is reduced in proportion to their percentage of fault. Furthermore, they’re completely barred from recovering damages if they’re 50% or more at fault.

Why Fault Matters for Insurance Claims and Compensation

In fault-based states, the determination of fault is critical to determining whose insurer will pay for the injuries and property damage resulting from a motor vehicle accident.

Liability is also one of the central factors an insurer may cite when denying a claim. For instance, an insurer may argue that its policyholder didn’t, in fact, act negligently.

Common Issues in Wyoming Accident Claims

An adjuster for the at-fault driver’s insurer will assess fault based on the available evidence.

While this assessment is supposed to be objective, the adjuster works for the insurance company and is tasked with protecting its interests.

As a result, it’s possible for disputes about liability to arise as the adjuster scrutinizes the evidence. Additionally, some insurers may use delays and lowball offers to pressure claimants into settling.

When To Contact a Wyoming Car Accident Lawyer

You should consider consulting a car accident lawyer any time you’re involved in a collision and suffer significant financial losses or an injury that requires medical care. An experienced attorney can provide the evidence and legal knowledge needed to support proof of fault.

How an Attorney Proves Fault

A car accident attorney can strengthen your claim for compensation by performing the following tasks:

• Gathering evidence of fault.
• Preparing an insurance claim and pointing to the other driver’s liability.
• Negotiating with the insurance company to settle the claim.
• Litigating the case if a fair settlement can’t be reached.

Fault is one of the most complex issues in any accident. A skilled attorney can make the best possible case for imposing liability on the other driver.

Contact Bachus & Schanker After Your Wyoming Car Accident

Bachus & Schanker was founded more than 30 years ago with the goal of assisting clients with difficult personal injury cases across Wyoming, including Cheyenne. We have first-hand knowledge of the challenges that crash victims often face.

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