Car insurance claim rules in Wyoming

The clock on a Wyoming claim

Wyoming's unfair claims statute, W.S. 26-13-124, uses general words: an insurer may not, as a business practice, fail to acknowledge and act reasonably promptly on claim communications, or fail to affirm or deny coverage within a reasonable time after proof of loss statements are completed. The day count comes from a different section.

The 45 days run from when the insurer has the claim and the supporting bills, so send estimates, invoices and medical bills in writing and keep the dates. If the date passes, our page on claims that drag on shows how to put the delay in writing.

When a Wyoming car is a total loss

Wyoming's title law, W.S. 31-2-107, requires a salvage brand when a car is declared a total loss by the insurance company. Only when no insurer is involved in settling the claim does the statute use a percentage: damage of more than 75% of the car's actual retail cash value, as set out in a current nationally recognized appraisal guide. So for most insured cars, the insurer's own formula decides, usually repair cost plus salvage value against the car's value.

• Older cars are exempt from branding. The section doesn't apply to vehicles with more than eight years of service, unless the car already carried a salvage-type brand from another state or was flood damaged.
• The title goes to the county clerk. The owner, or the insurer that takes the title in the settlement, sends the endorsed title to the county clerk with an application for a salvage-branded title.
• The value is what matters to you. A total loss is paid at actual cash value; see total loss claims for what the offer should include.

The total loss check compares your repair estimate with your car's value.

Reporting a Wyoming crash

Under W.S. 31-5-1105, the driver must give notice immediately, by the quickest means available, after a crash that injures or kills someone, causes apparent property damage to others of at least $1,000, or leaves a vehicle so disabled it can't be driven normally and safely. Inside a town, call the local police; elsewhere, call the Highway Patrol or the county sheriff.

You don't file a written report yourself. Section 31-5-1106 requires the officer who investigates a crash with an injury, a death or total property damage of $1,000 or more to send a written report to the highway department within 10 days. Ask the officer for the report number.

Fault and who pays

Wyoming is an at-fault state. Under W.S. 1-1-109, your own fault does not bar recovery if it is not more than 50% of the total fault of everyone involved, and your damages are reduced by your share. At 50% you still recover half; at 51% you recover nothing.

• Collision coverage pays to fix your car while the other insurer decides on fault, minus your deductible, and your insurer can then claim the money back.
• Uninsured motorist coverage pays when the other driver has no insurance; see uninsured motorist claims.

Deadlines to sue and where to complain

W.S. 1-3-105(a)(iv) gives four years for an action for injuring personal property and for an injury to the rights of the plaintiff not arising on contract, which covers injury claims from a crash. Talking with an adjuster doesn't pause the clock.

1. Ask in writing for a decision and, if the claim is rejected, the reason and the policy language behind it.
2. Call the Wyoming Department of Insurance Consumer Affairs line at (307) 777-7402, or the main line at (307) 777-7401.
3. Ask the department for help through the consumer section of its website; our guide to insurance department complaints shows what to include.

Questions people ask