What Happens If the Person at Fault in an Accident Has No Insurance in Wyoming?

Wyoming is an "at-fault" auto insurance state. This means that the person who causes a car accident is legally responsible for paying for the resulting damages and injuries. Typically, this financial responsibility is fulfilled through liability insurance. However, when the at-fault driver is uninsured, the economic burden may fall directly on them or the injured party's insurance policy.

Per Title 31, Chapter 9, Section 401 of the Wyoming Statutes, every driver is required to maintain financial responsibility. The consequences of driving with no insurance can be severe, especially for the at-fault party. Civil lawsuits, personal liability for damages, and administrative penalties from the Wyoming Department of Transportation (WYDOT) are all possible outcomes.

In Wyoming, victims of uninsured at-fault drivers may pursue compensation through uninsured motorist coverage, civil litigation, or, in some cases, a victim assistance program. Driving without coverage is categorized among Wyoming traffic violations and infractions, and it carries both financial and legal consequences that can significantly worsen if the driver causes an accident while uninsured.

Is It Illegal To Drive Without Insurance In Wyoming?

Yes. Wyoming law requires all drivers to maintain valid liability insurance coverage on any vehicle operated on public roads. According to Wyo. Stat. § 31-4-103, failure to maintain insurance is a misdemeanor offense. The law mandates drivers to carry proof of insurance at all times and to present it upon request by law enforcement.

The penalties for driving with no insurance in Wyoming may include:

• Fines up to $750
• Jail time up to six months
• Suspension of driver's license and vehicle registration
• SR-22 filing requirement for reinstatement

The penalties are often compounded when a driver causes an accident while uninsured. Administrative penalties imposed by the Wyoming Department of Transportation (WYDOT) may include extended license suspension periods and vehicle impoundment. Furthermore, an uninsured motorist found at fault for a collision will likely be required to maintain SR-22 insurance for a specified period.

What Is the Minimum Insurance Requirement in Wyoming?

Wyoming law establishes minimum liability insurance requirements for all drivers. Per Wyo. Stat. § 31-9-405, the minimum insurance coverage is:

• Bodily injury/death of one person: $25,000
• Bodily injury/death of two or more people: $50,000
• Property damage: $20,000

Although not mandatory, insurers are required to offer uninsured/underinsured motorist (UM/UIM) coverage and medical payments (MedPay) as optional add-ons. Drivers may reject these coverages in writing.

UM/UIM coverage protects the policyholder in accidents involving uninsured or underinsured drivers. MedPay covers medical costs regardless of fault.

What To Do After A Car Accident With an Uninsured Driver in Wyoming

If involved in a car accident with an uninsured driver in Wyoming, victims should take the following steps:

1. Report the Accident to Police

Drivers must report all accidents involving injury, death, or property damage to the police. A police report helps document the accident and can serve as vital proof in any legal or insurance proceedings.

2. File a Crash Report With WYDOT

Drivers involved in accidents causing injury, death, or property damage of $1,000 or higher must file a crash report with the Wyoming Department of Transportation. This typically involves completing an SR-1 or equivalent form.

3. Check for Uninsured Motorist Coverage

Policyholders should review their insurance policy to determine if UM/UIM coverage applies. If available, this coverage may help pay for medical bills, lost wages, and property damage.

4. Consider Legal Action

Victims may file a civil claim against the uninsured at-fault driver to recover damages. While judgments can be awarded, collecting on them may be challenging if the defendant lacks financial resources.

5. Notify the Insurance Company

Inform the insurer promptly after the accident. Timely reporting may be a condition for accessing UM/UIM or MedPay benefits.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Driving without insurance is still a legal violation even when the other driver is responsible for the accident. In Wyoming, uninsured drivers may face fines and administrative penalties regardless of fault.

Although an uninsured driver may still recover damages from the at-fault party, the absence of insurance can limit the scope of recovery or raise challenges in the claims process.

For instance, the at-fault driver's insurer may challenge the uninsured party's credibility or demand more stringent proof of damages. Moreover, some rights to non-economic damages may be restricted, especially if the claimant is deemed partially at fault.

Can I Sue an Uninsured Driver in Wyoming?

Yes. Victims may sue an uninsured driver in Wyoming if the driver was at fault for the accident. The legal basis for the lawsuit is typically negligence. The plaintiff must prove the defendant owed a duty of care, breached that duty, and caused damages as a result.

Wyoming does not cap damages in standard civil cases. However, if the claim amount is under $6,000, the matter may be filed in small claims court. Wyoming's small claims procedures are governed by the Rules of Civil Procedure for Justice of the Peace Courts.

Claims exceeding the small claims limit must be filed in the district court. Plaintiffs may represent themselves or retain legal counsel. Judgments may be enforced through wage garnishment, liens, or asset seizure.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Wyoming?

An individual who carries uninsured or underinsured motorist coverage in Wyoming may have their insurance compensate for injuries and losses caused by an uninsured at-fault driver.

Per Title 26, Chapter 15, Section 106 of the Wyoming Statutes, insurers must offer UM/UIM coverage with every auto policy, though policyholders may reject it in writing.

Additionally, MedPay may help cover medical expenses, while collision coverage may pay for vehicle repairs. UM property damage (UMPD) coverage, if available, may compensate for property losses, but often requires the at-fault party to be identified and proven uninsured.

What Is Uninsured Motorist Coverage in Wyoming?

Uninsured motorist coverage is designed to safeguard drivers who are injured by motorists who lack liability insurance. This coverage is not required by law but must be offered by insurers pursuant to Wyo. Stat. § 26-15-106.

UM coverage typically mirrors the limits of liability insurance. It covers medical expenses, lost wages, and sometimes pain and suffering.

UIM coverage applies when the at-fault driver's insurance limits are insufficient to fully compensate for damages. Both UM and UIM are valuable protections against uninsured and financially irresponsible drivers.

What If I Don't Have Uninsured Motorist Coverage in Wyoming?

For individuals who do not have UM/UIM coverage in Wyoming, compensation options may be limited. Alternatives include

• Filing a Civil Lawsuit: Victims can sue the uninsured driver directly for damages.
• Requesting License Suspension for Non-Payment: If a court judgment remains unpaid after 30 days, the plaintiff may petition WYDOT for suspension of the defendant's license.
• Victim Compensation Program: In cases involving criminal conduct (e.g., DUI), victims may qualify for assistance under Wyoming's Crime Victim Compensation Program.

These options, while helpful, may not completely cover the losses suffered by the victim.

How Do I Get Compensation from an Uninsured Driver in Wyoming?

A victim may pursue a civil lawsuit to recover compensation from an uninsured driver. The process typically includes

• Filing a Complaint: The injured party files a petition in the appropriate court, outlining the facts and legal basis for recovery.
• Service of Process: The defendant must be served with a summons and complaint in accordance with the Wyoming Rules of Civil Procedure.
• Defendant's Response: The defendant/respondent has a limited time to respond, typically 20 days.
• Discovery: Both parties exchange evidence, conduct depositions, and prepare for trial.
• Trial or Settlement: If the case is not settled, it proceeds to trial, where the court issues a judgment.

If the defendant neglects or fails to pay the judgment, enforcement options include wage garnishment, bank levies, or filing liens on real property.

How Much Can You Recover From an Uninsured At-Fault Driver in Wyoming?

Wyoming law does not cap damages recoverable in civil suits, except in small claims court, where the maximum recovery is $6,000.

Even if a judgment is awarded, the ability to collect depends on the defendant's financial situation. Defendants who are unemployed, have few assets, or file for bankruptcy may be considered judgment-proof.

Normally, judgments accrue interest, which may increase the total recovery over time. According to Title 1, Chapter 16, Section 102 of the Wyoming Statutes, post-judgment interest accrues at the statutory rate, which may help offset delayed payments.

How To Find Out If the At-Fault Driver Has Insurance in Wyoming

There are several ways to determine whether an at-fault driver in Wyoming has insurance:

• Police Report: Officers often note whether the parties had insurance at the scene. This report may be requested from the responding agency.
• Crash Report Submission: When filing a crash report with WYDOT, the driver may disclose the other party's insurance information.
• Discovery Process: In litigation, the plaintiff may request disclosure of all insurance policies held by the defendant through formal discovery.
• Contacting the Insurance Company: If the at-fault party provides an insurer's name, the victim may contact the company to confirm coverage.

Are Accidents Public Record in Wyoming?

Court documents related to accident lawsuits, including complaints and judgments, are public records in Wyoming unless sealed by the court. These can be accessed through the Wyoming Judicial Branch or in person at the courthouse where the case was filed.

Accident reports, however, are not public records. They may be accessible to involved parties or their legal representatives but are typically governed by privacy provisions under state law.

Can You Go to Jail for Causing an Accident Without Insurance in Wyoming?

No. Driving without insurance is a misdemeanor in Wyoming, but it does not typically carry a jail sentence unless aggravating circumstances exist.

Under Wyo. Stat. § 31-4-103, first-time offenders may face fines but are unlikely to be incarcerated.

However, submitting false or fraudulent proof of insurance, such as a fake insurance card, may result in criminal charges that carry jail time and higher fines.

Can You Settle With an Uninsured Driver Out of Court in Wyoming?

Yes. Out-of-court settlements are legal and enforceable under Wyoming contract law. A written settlement signed by both parties may serve as a binding contract.

Settlements often avoid the delays and costs of litigation. However, victims should ensure that the agreement clearly outlines payment terms, liability waivers, and performance deadlines to be enforceable.

Can I Get Compensation If I Was Partially at Fault?

Yes. Wyoming follows a "modified comparative negligence" system, otherwise called the 51% bar rule. Per Wyo. Stat. § 1-1-109, a plaintiff may recover damages if their share of fault does not surpass 50%.

If the plaintiff is found to be 50 percent or less at fault, the court reduces the damages in proportion to that percentage. For example, if a claimant is 30% at fault and suffered $10,000 in damages, they may recover $7,000.

However, if the plaintiff is 51% or more at fault, they are banned from recovering damages under Wyoming law.