Cheyenne · personal injury
You were driving home, and now you have a hospital bill, a wrecked truck, and an adjuster calling every day asking for a recorded statement. Do not give it yet.
Wyoming gives you four years to file most injury claims and two for wrongful death, and you can recover as long as your share of fault is not more than 50%. But Wyoming does not require underinsured motorist coverage at all. In a serious crash, the money available often depends less on who was at fault than on what coverage you happened to buy.
The physics on I-80 and I-25 are unforgiving. Interstate speeds, ice, wind, and long-haul truck traffic turn ordinary mistakes into life-changing injuries, and the insurance company is working your file before you leave the hospital.
What the insurance company does in the first week
An adjuster is assigned within days. Their job is not to be unfair to you. Their job is to close your claim for the smallest defensible number, and they are good at it.
- The recorded statement. A friendly call asking what happened. You are on pain medication, you have not seen the police report, and you do not yet know how badly you are hurt. Anything you minimize now (“I’m okay,” “my neck is just a little sore”) will be quoted back to you months later. You are not required to give the other driver’s insurer a recorded statement.
- The blanket medical authorization, broad enough to pull your entire history and search it for a pre-existing condition to blame.
- The early offer. It arrives before anyone knows whether you need surgery. It is a settlement, and it is final.
- The gap in treatment. If you wait to see a doctor or miss appointments, the file notes it, and the argument writes itself.
What helps: get evaluated right away, follow the treatment plan, photograph everything, keep the damaged vehicle available for inspection, and send the adjuster to your lawyer.
Wyoming’s fault rule, and why the exact number matters
Wyoming uses modified comparative fault (Wyo. Stat. § 1-1-109). You recover “if the contributory fault of the claimant is not more than fifty percent (50%) of the total fault of all actors,” and your damages are reduced by your share. At exactly 50%, you still recover half. At 51%, you recover nothing. One percentage point can decide the whole case, which is why insurers work so hard to push your share up.
Each defendant pays only its own share
Joint and several liability is abolished in Wyoming (§ 1-1-109(e)). If a defendant is 40% responsible but uninsured or broke, the others do not pick up that 40%. In a multi-vehicle crash, that is a reason to identify every responsible party early, such as a negligent employer, a maintenance contractor, or a cargo loader, rather than settling with the obvious driver and learning later that they were only part of the problem.
No damages cap
The Wyoming Constitution (article 10, section 4(a)) forbids any law limiting damages for injury or death. There is no cap on personal injury or wrongful death damages against private defendants. Claims against government entities are the exception.
The deadlines
Claim
Deadline
Authority
Personal injury
4 years
Wyo. Stat. § 1-3-105(a)(iv)(C)
Wrongful death
2 years from the date of death
Wyo. Stat. § 1-38-102(d)
Claim against a government entity
Written claim within 2 years, then suit within 1 year of filing the claim
Wyo. Stat. §§ 1-39-113, 1-39-114
Wyoming treats the wrongful death period strictly, and the discovery rule generally does not extend it. Two years means two years.
If a government vehicle or public entity is involved
This is the trap that ends otherwise strong cases, and it comes up constantly in Wyoming: snowplows, county trucks, school buses, city vehicles, road conditions.
- Two deadlines. A written, itemized claim to the entity within two years, then suit within one year of filing that claim. The one-year deadline is the one people miss.
- You must sign it yourself. The claim must be certified under penalty of perjury, and the Wyoming Supreme Court has held the claimant must personally sign; a lawyer’s signature is not enough. Get it wrong and the court never gets jurisdiction, however good the case.
- Damages are capped at $250,000 per claimant and $500,000 per occurrence, with no punitive damages, no prejudgment interest, and no attorney’s fees. The Court upheld the cap again in Bain v. City of Cheyenne, No. S-24-0225 (Wyo. June 18, 2025).
- Road design and maintenance are immune, including maintenance for weather conditions (§ 1-39-120). An unplowed highway is, by statute, generally not a claim.
- But negligent driving of a government vehicle is not immune (§ 1-39-105). A snowplow driven negligently is a claim. The road it failed to plow is not.
The coverage problem nobody warns Wyoming drivers about
This is the single most important thing on this page. Wyoming does not require underinsured motorist coverage, in any amount. The Wyoming Supreme Court said so in Broderick v. Dairyland Insurance Co., 2012 WY 22. Uninsured motorist coverage must be offered (§ 31-10-101), but you can reject it, and the rejection carries through every renewal unless you later ask for coverage in writing.
Put that next to Wyoming’s minimum liability limits: $25,000 per person, $50,000 per accident, $20,000 property damage (§ 31-9-405(b)(ii)). A single serious injury uses up $25,000 before you leave the hospital. If the at-fault driver carries the minimum and you declined UIM, the difference is simply gone, however clearly the other driver was at fault. Reviewing your own declarations page is one of the first things we do, and it often matters more than the police report. And under Broderick, not reading your own policy is no defense against the insurer.
What your claim can include
- Medical expenses, past and future (future care must be shown to be more likely than not).
- Lost wages and lost earning capacity.
- Pain, suffering, and loss of enjoyment of life.
- Property damage and diminished value.
- A spouse’s loss of consortium.
- In a death case, the losses recoverable under Wyoming’s wrongful death act.
Wyoming follows the collateral source rule, so the discount your own insurer negotiated is generally not a windfall for the person who hurt you.
Truck cases are different
I-80 is one of the most heavily used freight corridors in the country, and a commercial truck case is not just a bigger car case. Federal motor carrier rules on hours, inspection, maintenance, and driver qualification can each be an independent basis for liability. Electronic logging data, telematics, and dashcam footage exist and are deleted on schedules, so a preservation letter has to go out immediately. The carrier’s rapid-response team may be at the scene before the vehicles are cleared. Policy limits are usually far higher, which changes how hard the case is defended.
Why this firm
Deep Waters Law stands between people and the institutions that have already decided something about them. An insurance company is an institution, and it protects itself first.
Francis H. McVay is a trial and appellate lawyer and a graduate of the Gerry Spence Trial Lawyers College. He has prosecuted cases, defended them, and argued before the Wyoming Supreme Court. Every file here is built for the last judge who will read the record.
Injury cases are handled on a contingency fee: no attorney’s fee unless we recover for you. How case costs are handled is explained in writing before you sign anything.
Frequently asked questions
How long do I have to file a car accident claim in Wyoming?
Four years for personal injury and two for wrongful death. Claims against a government entity require a written claim within two years and suit within one year of filing it.
Can I recover if the crash was partly my fault?
Yes, as long as your share is not more than 50%. At 50% you recover half; at 51% you recover nothing.
What if the other driver had no insurance, or not enough?
You would look to your own UM or UIM coverage, if you have it. Wyoming does not require UIM, so check your declarations page.
Should I give the other driver’s insurer a recorded statement?
No, and you are not obligated to. Talk to a lawyer first.
Is there a cap on what I can recover?
Not against a private defendant. Claims against government entities are capped at $250,000 per claimant and $500,000 per occurrence.
What does it cost to hire you?
Nothing up front. Our fee comes from the recovery, and there is no attorney’s fee if there is no recovery. How case costs are handled is explained in writing before you sign anything. The consultation is free.
Talk to a lawyer today
Vehicles get repaired, video gets overwritten, and witnesses stop answering. If you were hurt, call this week.
Call (307) 333-7539. Answered 24/7, including weekends. Or request a free consultation.
Related
The law is not settled until it is just.
This page describes Wyoming law in general terms as of September 2026 and is not legal advice. Every claim turns on its own facts. Contacting Deep Waters Law does not create an attorney-client relationship.