Wyoming
Wyoming Car Accident Laws: Fault, Insurance, and Your Claim
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 2 primary sources cited on this page. How we verify our legal content
Wyoming is an at-fault (tort) state that follows modified comparative negligence with a 51% bar, meaning the driver responsible for a crash pays and your recovery is reduced by your share of fault, but you are completely barred from recovery if you are 51% or more at fault.
Is Wyoming a no-fault or at-fault state?
Wyoming is a traditional at-fault (tort) state. There is no personal injury protection (PIP) requirement and no no-fault statutory framework of any kind. Title 31, Chapter 9 of the Wyoming Statutes is the Motor Vehicle Safety-Responsibility Act (W.S. 31-9-101 et seq.), a fault-based financial-responsibility system: the driver who caused the crash, and that driver's liability insurer, pays for the other party's injuries and property damage.
Because Wyoming is not one of the twelve traditional no-fault states (Florida, Michigan, Minnesota, New York, North Dakota, Hawaii, Kansas, Kentucky, Massachusetts, New Jersey, Pennsylvania, and Utah), injured drivers do not file against their own policy first. Instead, you pursue a claim directly against the at-fault driver's liability insurer. There is no verbal or monetary injury threshold to clear before suing for pain and suffering, and you do not need to exhaust any first-party coverage before bringing a tort claim.
This system is straightforward in one sense: whoever caused the accident is financially responsible. In practice, however, liability is often disputed, and the at-fault driver's insurer has every incentive to minimize your payout. Understanding how Wyoming's comparative-fault rule works is critical before you accept any settlement offer.
How fault is shared: Wyoming's negligence rule
Wyoming follows modified comparative negligence with a 51% bar, codified at W.S. 1-1-109. Under this rule, your damages are reduced in proportion to your own share of fault, but you lose your right to recover entirely if a fact-finder determines you were 51% or more responsible for the accident.
For example, if you suffered $100,000 in damages but were found 30% at fault, you recover $70,000. If you were found 51% at fault, you recover nothing. This is a meaningful distinction from states that use a 50% bar: in Wyoming you can be equally at fault (50%) and still recover, but tipping to 51% wipes out your claim.
Because the at-fault driver's insurer will try to push your fault share above 50%, the evidence you preserve immediately after a crash (photos, witness statements, police reports) directly affects how much you can recover. If an insurer inflates your share of the fault, get a free claim review from a Wyoming car accident lawyer and challenge it before you settle (attorney advertising).
Minimum car insurance in Wyoming
Wyoming law requires every motor vehicle registered in the state to be covered by liability insurance meeting the 25/50/20 minimums set in W.S. 31-9-102(a)(xi) and enforced under the Motor Vehicle Safety-Responsibility Act (W.S. 31-9-401 to 31-9-415). Those minimums are: $25,000 for bodily injury or death of one person per accident, $50,000 for bodily injury or death of two or more persons per accident, and $20,000 for property damage per accident.
Note that Wyoming's property-damage minimum is $20,000, which is lower than the $25,000 minimum found in many other states. If your vehicle or other property is worth more than $20,000, the at-fault driver's policy may not fully cover your loss even if the driver carries the minimum required coverage.
Every liability policy issued in Wyoming must also include uninsured-motorist (UM) bodily-injury coverage at the same 25/50 limits, unless the named insured rejects the coverage (W.S. 31-10-101). The statute imposes no writing requirement on the rejection itself. The writing requirement runs the other way: once a named insured has rejected UM, the coverage need not be provided in or supplemental to a renewal policy from the same insurer unless the insured requests it in writing. UM also covers you when the at-fault driver's insurer is insolvent (W.S. 31-10-102). Underinsured-motorist (UIM) coverage is not separately mandated and is typically offered as an optional add-on. Wyoming does not require PIP, and MedPay coverage (which pays your own medical bills regardless of fault) is entirely optional.
How long you have to file: the statute of limitations
Wyoming's general personal-injury statute of limitations is 4 years from the date of the crash. This deadline is set by W.S. 1-3-105(a)(iv), which covers actions for injury to the rights of a plaintiff not arising on contract and not otherwise enumerated. Both bodily-injury and property-damage claims from a negligence-based auto accident fall within this 4-year window.
There are important exceptions. Wrongful-death claims arising from a fatal crash carry a separate 2-year statute of limitations under W.S. 1-38-102(d). If any defendant is a government entity (a city, county, or state agency), the Wyoming Governmental Claims Act imposes much shorter notice and filing requirements. Missing a government-claim notice deadline typically bars the claim entirely, regardless of the general civil statute of limitations.
Missing the applicable deadline almost always bars your claim permanently. If you are unsure whether a government entity is involved, or if a loved one died in the crash, consult a Wyoming attorney well before the 2-year mark.
For more detail on Wyoming deadlines across different types of claims, see the Wyoming statute of limitations page.
What a Wyoming car accident claim is worth
The value of a Wyoming car accident claim depends on your economic damages (medical bills, lost wages, future care costs, vehicle repair or replacement) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). Wyoming does not cap non-economic damages in personal-injury cases, so serious injuries can support substantial non-economic awards.
Your recovery is then reduced by your share of comparative fault under W.S. 1-1-109. A 20% fault finding on a $200,000 claim reduces your net recovery to $160,000. The final amount you actually receive is also constrained by the at-fault driver's policy limits: if that driver carries only the 25/50/20 minimums and your damages exceed $25,000, you may need to look to your own UM/UIM coverage (if you purchased it) or pursue the driver's personal assets.
Use the Wyoming car accident settlement calculator to get a rough estimate of how comparative fault and insurance limits might affect your specific situation. Keep in mind that settlement values depend heavily on the specific facts, evidence, and negotiating leverage in your case.
What to do after a car accident in Wyoming
Taking the right steps immediately after a crash protects both your health and your legal claim.
First, make sure everyone is safe and call 911 if there are injuries. Wyoming law requires you to report any accident involving injury, death, or property damage above a certain threshold to law enforcement, and the police report is an important piece of evidence.
Document everything at the scene. Photograph all vehicles, damage, skid marks, road conditions, traffic controls, and any visible injuries. Get the names, contact information, and insurance details of everyone involved, and note the names and contact information of any witnesses. Do not discuss fault at the scene.
Seek medical attention as soon as possible, even if you feel fine. Adrenaline masks pain, and some serious injuries (including concussions and soft-tissue damage) may not present symptoms for hours or days. A gap in treatment is one of the most common arguments insurers use to minimize injury claims.
Notify your own insurer that the accident occurred, but be cautious about giving recorded statements to the at-fault driver's insurer before speaking with an attorney. Insurers will use your words to raise your comparative-fault share above the 51% bar. A Wyoming personal-injury attorney can help you present your claim in the strongest possible light before you accept any settlement offer.
This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Wyoming.
Related: Wyoming hit-and-run laws | Car accident laws by state | Wyoming car accident settlement calculator
More Wyoming Laws
- Wyoming Dashcam Laws
- Wyoming Hit and Run Laws
- Wyoming Slip and Fall Laws
- Wyoming Statute of Limitations
- Wyoming Workers Compensation Laws
Frequently Asked Questions
Is Wyoming a no-fault state?
No. Wyoming is an at-fault (tort) state with no personal injury protection (PIP) requirement and no no-fault statutory framework. Injured drivers claim directly against the at-fault driver's liability insurer. There is no injury threshold to clear before suing for pain and suffering.
Is Wyoming an at-fault state?
Yes. Wyoming is a traditional at-fault state governed by the Motor Vehicle Safety-Responsibility Act (W.S. 31-9-101 et seq.). The driver who caused the crash, and that driver's liability insurer, is responsible for the other party's injuries and property damage.
What is the statute of limitations for a car accident in Wyoming?
Most personal-injury and property-damage claims from a car accident must be filed within 4 years of the crash (W.S. 1-3-105(a)(iv)). Wrongful-death claims have a shorter 2-year limit (W.S. 1-38-102(d)), and claims against government entities face even shorter notice and filing deadlines under the Wyoming Governmental Claims Act.
Can I still recover if I was partly at fault in Wyoming?
Yes, as long as your share of fault is 50% or less. Wyoming follows modified comparative negligence with a 51% bar (W.S. 1-1-109): your damages are reduced by your fault percentage, but you lose all recovery if you are 51% or more at fault. For example, if you were 30% at fault on a $100,000 claim, you would recover $70,000.
What are the minimum insurance requirements in Wyoming?
Wyoming requires minimum liability limits of 25/50/20: $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $20,000 for property damage per accident. Every policy must also include uninsured-motorist coverage at the 25/50 limits, unless the named insured rejects it, and the statute does not require that rejection to be in writing. Wyoming does not require PIP or MedPay.
How much is my Wyoming car accident claim worth?
Your claim's value depends on economic damages (medical bills, lost wages, property damage) plus non-economic damages (pain and suffering), reduced by your comparative-fault percentage. Wyoming does not cap non-economic damages. The at-fault driver's policy limits also constrain what you can actually collect. Use the Wyoming car accident settlement calculator for a rough estimate.
Does Wyoming require uninsured motorist coverage?
Every Wyoming liability policy must include UM bodily-injury coverage at the 25/50 limits, but the named insured may reject the coverage (W.S. 31-10-101). The statute does not require the rejection to be in writing; instead, once UM has been rejected, it need not be included on a renewal policy from the same insurer unless the insured requests it in writing. UM also applies when the at-fault driver's insurer is insolvent. Underinsured-motorist (UIM) coverage is not separately required by statute and is sold as an optional add-on.
Updates
Corrected the description of uninsured-motorist coverage: Wyoming law lets the named insured reject UM coverage without a written rejection, and the written-request requirement applies only to restoring the coverage on a renewal policy.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wyoming Statutes, Title 1 - Code of Civil Procedure - Chapter 1: General Provisions as to Civil Actions
§ 1-1-109Comparative fault.In forcecited in 7 of our articles
(a) As used in this section: (i) "Actor" means a person or other entity, including the claimant, whose fault is determined to be a proximate cause of the death, injury or damage, whether or not the actor is a party to the litigation; (ii) "Claimant" means a natural person, including the personal representative of a deceased person, or any legal entity, including corporations, limited liability companies, partnerships or unincorporated associations, and includes a third party plaintiff and a counterclaiming defendant; (iii) "Defendant" means a party to the litigation against whom a claim for damages is asserted, and includes third party defendants.
Official text (excerpt) · last checked 2026-09-15 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 77 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Schneider National, Inc. v. Holland Hitch Co. (Wyoming Supreme Court 1992, 843 P.2d 561)“…hip between comparative negligence tort reform legislation, Wyo.Stat. § 1-1-109 (1988), and indemnity, an area of commo…”
- Haderlie v. Sondgeroth (Wyoming Supreme Court 1993, 866 P.2d 703)“…gislature abolished joint and several liability by amending W.S. 1-1-109 to provide that a party at fault be req…”
- Phillips v. Duro-Last Roofing, Inc. (Wyoming Supreme Court 1991, 806 P.2d 834)“…District Court for the District of Wyoming, asking whether W.S. 1-1-109 (1988), a comparative negligence attri…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wyoming Dog Bite Laws: Liability and Victim Rights, Medical Malpractice Laws in Wyoming (2026): Deadlines & Caps, Wyoming Slip and Fall Laws: Proving Premises Liability
Wyoming Statutes, Title 31 - Motor Vehicles - Chapter 9: Motor Vehicle Safety Responsibility - Article 1: In General
§ 31-9-102Definitions.In force
(a) As used in this act: (i) Repealed by Laws 1991, ch. 241, § 4. (ii) "Driver" means as defined by W.S. 31-5-102(a); (iii) "Division" means the division within the department of transportation charged with administration and enforcement of this act; (iv) "Judgment" means any judgment that is final without further appeal. The judgment shall have been rendered by a court of competent jurisdiction of any state or of the United States. The cause of action shall result from damages occurring from a motor vehicle accident and may relate to bodily injury or death of person, or to damage or to loss of property; (v) "License" means any driver's license, instruction permit or temporary license issued under the laws of this state pertaining to the licensing of drivers; (vi) "Motor vehicle" means as defined by W.S.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2010
Opinions citing this section in our collection:
- Allstate Insurance Co. v. Wyoming Insurance Department (Wyoming Supreme Court 1983, 672 P.2d 810)“…as provided by W.S. 31-9-403 or bond in amounts provided by W.S. 31-9-102(a)(x). * * *” Section 31-9-403 referr…”
- Ulrich v. United Services Automobile Ass'n (Wyoming Supreme Court 1992, 839 P.2d 942)“…rm of confinement in the Wyoming State Penitentiary. [2] Wyo.Stat. § 31-9-102(a)(xi) (1989) provides: "Proof of fi…”
- State v. Nelson (Wyoming Supreme Court 2002, 49 P.3d 185)“…ovided by W.S. 31-9-405(b) or a bond in amounts provided by W.S. 31-9-102(a)(xi). Violation of this subsection is…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 31-9-101Short title.In force
This act may be cited as the "Motor Vehicle Safety-Responsibility Act".
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- Ulrich v. United Services Automobile Ass'n (Wyoming Supreme Court 1992, 839 P.2d 942)“…Wyoming's Motor Vehicle Safety-Responsibility Act (WMVSRA), Wyo.Stat. §§ 31-9-101 to -414 (1989). WMVSRA, in a nutshell,…”
- State Farm Mutual Automobile Insurance Co. v. Shrader (Wyoming Supreme Court 1994, 882 P.2d 813)“…coverage compliments financial responsibility legislation, Wyo.Stat. §§ 31-9-101 to 31-9-414 (1994), by providing covera…”
- Harbel v. Wintermute (Wyoming Supreme Court 1994, 883 P.2d 359)“…2d at 1042 ). The Motor Vehicle Safety-Responsibility Act, Wyo.Stat. §§ 31-9-101 through 31-9-414 (1994), provides a def…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Wyoming Statutes, Title 31 - Motor Vehicles - Chapter 10: Uninsured Motor Vehicle Coverage
§ 31-10-101Required coverage; rejection.In forcecited in 2 of our articles
No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any natural person arising out of the ownership, maintenance or use of a motor vehicle shall be delivered or issued for delivery in this state with respect to any motor vehicle registered or principally garaged in this state unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death as provided by W.S. 31-9-102(a)(xi), under provisions approved by the insurance commissioner for the protection of persons insured thereunder or legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death resulting therefrom. The named insured may reject the coverage. Unless the named insured requests the coverage in writing, the coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with the policy previously issued to him by the same insurer.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2012
Opinions citing this section in our collection:
- State Farm Mutual Automobile Insurance Co. v. Shrader (Wyoming Supreme Court 1994, 882 P.2d 813)“…ssioner approves the policy language under Wyoming statute. Wyo. Stat. § 31-10-101 (1989). The majority relies upon the…”
- Ulrich v. United Services Automobile Ass'n (Wyoming Supreme Court 1992, 839 P.2d 942)“…first determine if Wyoming's Uninsured Motorist Act (WUMA), Wyo.Stat. §§ 31-10-101 to -104 (1989), requires insurance carr…”
- Sorensen v. State Farm Automobile Insurance Co. (Wyoming Supreme Court 2010, 234 P.3d 1233)“…Sorensen as the only defendant. 2 . Wyo. Stat. Ann. § 31-10-101 (LexisNexis 2009) further demonstrates…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wyoming Hit and Run Laws: Penalties and What to Do
§ 31-10-102Scope of term "uninsured motor vehicle".In force
For the purpose of coverage under W.S. 31-10-101, the term "uninsured motor vehicle", subject to the terms and conditions of the coverage, includes an insured motor vehicle where the liability insurer thereof is unable to make payment with respect to the legal liability of its insured within the limits specified therein because of insolvency.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1992
Opinions citing this section in our collection:
- Wyoming Insurance Guaranty Ass'n v. Allstate Indemnity Co. (Wyoming Supreme Court 1992, 844 P.2d 464)“…or vehicle insurance coverage. W.S. 31-10-101, -104 (1989). W.S. 31-10-102 provides: For purpose of coverage und…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Wyoming Statutes, Title 1 - Code of Civil Procedure - Chapter 3: Limitation of Actions
§ 1-3-105Actions other than recovery of real property.In forcecited in 13 of our articles
(a) Civil actions other than for the recovery of real property can only be brought within the following periods after the cause of action accrues: (i) Within ten (10) years, an action upon a specialty or any contract, agreement or promise in writing; (ii) Within eight (8) years, an action: (A) Upon a contract not in writing, either express or implied; or (B) Upon a liability created by statute other than a forfeiture or penalty. (iii) Within five (5) years after the debtor establishes residence in Wyoming, an action on a foreign claim, judgment or contract, express or implied, contracted or incurred and accrued before the debtor became a resident of Wyoming; (iv) Within four (4) years, an action for: (A) Trespass upon real property; (B) The recovery of personal property or for taking, detaining or injuring personal property; (C) An injury to the rights of the plaintiff, not arising on contract and not herein enumerated; and (D) For relief on the ground of fraud.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 75 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Ultra Resources, Inc. v. Hartman (Wyoming Supreme Court 2010, 226 P.3d 889)“…year statute of limitations for breach of contract. See Wyo. Stat. Ann. § 1-3-105 (a)(i) (LexisNexis 2009). The defendant…”
- Union Pacific Resources Co. v. State (Wyoming Supreme Court 1992, 839 P.2d 356)“…Whether the eight-year statute of limitations contained in W.S. 1-3-105 operates to prevent counties from seeki…”
- Richardson Associates v. Lincoln-Devore, Inc. (Wyoming Supreme Court 1991, 806 P.2d 790)“…thrust of the statute of limitations defense is emplaced in W.S. 1-3-105 relating to civil actions on a contract…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wyoming Statute of Limitations: Filing Deadlines by Case Type, Wyoming Defamation Laws: Libel & Slander (2026), Wyoming Debt Collection Laws: Deposited Wages Stay Protected, and Old Debt May Never Fully Expire
Wyoming Statutes, Title 1 - Code of Civil Procedure - Chapter 38: Wrongful Death
§ 1-38-102Action to be brought by wrongful death representative; recovery exempt from debts; measure and element of damages; limitation of action.In forcecited in 7 of our articles
(a) Every wrongful death action under W.S. 1-38-101 shall be brought by and in the name of the decedent's wrongful death representative for the exclusive benefit of beneficiaries who have sustained damage. (b) If the decedent left a husband, wife, child, father or mother, no debt of the decedent may be satisfied out of the proceeds of any judgment obtained in any action for wrongful death or out of the proceeds of any settlement of a wrongful death claim. (c) The court or jury, as the case may be, may award such damages, pecuniary and exemplary, as shall be deemed fair and just. Every person for whose benefit an action for wrongful death is brought may prove his respective damages, and the court or jury may award such person that amount of damages to which it considers such person entitled, including damages for loss of probable future companionship, society and comfort. (d) An action for wrongful death shall be commenced within two (2) years after the death of the decedent.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Corkill v. Knowles (Wyoming Supreme Court 1998, 955 P.2d 438)“…Recognizing that we have referred to the time limitation in Wyo. Stat. § 1-38-102(d) as a statute of limitation in previo…”
- In Re Estate of Johnson (Wyoming Supreme Court 2010, 231 P.3d 873)“…te in probate. [1] In reaching those conclusions, we find Wyo. Stat. Ann. § 1-38-102 (a) to be unambiguous. The statute, whi…”
- Edwards v. Fogarty (Wyoming Supreme Court 1998, 962 P.2d 879)“…and on behalf of each person entitled to claim pursuant to W.S. § 1-38-102 (1977), Appellants (Plaintiffs), v. W…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws in Wyoming (2026): Deadlines & Liability, Wyoming Wrongful Death Laws (2026): Deadlines & Who Sues, Motorcycle Accident Laws in Wyoming (2026): Deadlines
Wyoming Statutes, Title 31 - Motor Vehicles - Chapter 9: Motor Vehicle Safety Responsibility - Article 4: Proof of Financial Responsibility
§ 31-9-401Suspension and revocation of license and registrations until proof maintained; when proof required.In force
(a) Whenever the division, under any law of this state, mandatorily suspends or revokes the license of any person, the division shall also suspend the registration for all motor vehicles registered in the name of the person, except that the registration shall not be suspended, unless otherwise required by law, if the person has given or gives and maintains proof of financial responsibility with respect to all motor vehicles registered by the person. (b) The license and registration shall not be renewed nor shall any license be issued to the person, nor shall any motor vehicle be registered in the name of the person until permitted under the motor vehicle laws of this state and until he shall give and maintain proof of financial responsibility.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 1992
Opinions citing this section in our collection:
- Johnson v. State Hearing Examiner's Office (Wyoming Supreme Court 1992, 838 P.2d 158)“…n (e) for Wyo.Stat. § 31-7-128, and providing exceptions in Wyo. Stat. § 31-9-401 (Supp.1991) for the minor convicted of…”
- Gibson v. State ex rel. Department of Revenue & Taxation (Wyoming Supreme Court 1991, 811 P.2d 726)“…equired to show financial responsibility in accordance with W.S. 31-9-401, et seq., because of traffic violatio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Wyo. Stat. Ann. 31-9-102(a)(xi) (minimum liability limits 25/50/20); 31-9-401 to 31-9-415 (Motor Vehicle Safety-Responsibility Act); 31-10-101 (uninsured-motorist coverage, rejectable)(wyoleg.gov).gov
- Wyo. Stat. Ann. 1-1-109 (modified comparative fault, 51% bar); 1-3-105(a)(iv) (4-year personal-injury SOL)(wyoleg.gov).gov
- W.S. 1-38-102(d) (wrongful-death action must be commenced within two years after the death)(law.justia.com)
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