Wyoming · Comparative fault · Updated Oct 2026

Comparative fault in Wyoming: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Wyoming, the law behind it and how insurers apply it.

Short answer

In Wyoming, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
Wyo. Stat. § 1-1-109(b) (you can recover if your fault is not more than 50% of the total; damages are reduced by your share)
Insurance system
Fault (tort)

Insurance and small claims in Wyoming

No PIP required. Wyoming requires liability insurance only, so the driver who caused the crash and their insurer pay for others' injuries and damage.

Small claims limit for car damage in Wyoming: $6,000 (Circuit Court small claims). Wyoming small claims guide on Small Claims Map

How fast an insurer must handle a claim in Wyoming

  • Wyo. Stat. § 26-15-124(b): claims for benefits under a property or casualty insurance policy must be accepted or rejected and paid within 45 days after the insurer receives the claim and supporting bills.
  • If a court finds an insurer's refusal to pay a covered loss unreasonable, it may award attorney's fees and 10% yearly interest (§ 26-15-124(c)).
  • Unfair claims practices are listed in § 26-13-124.

If the insurer says you were partly at fault

  1. Get the police report. Request crash reports from WYDOT Highway Safety (give the crash date and other details). Reporting a crash in Wyoming and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Wyoming Department of Insurance, Consumer Affairs.
  4. Sue before the deadline: 4 years for both property damage and injury. Deadlines to sue in Wyoming, with the calculator

Who pays in Wyoming: fault and payout explainer

Modified comparative fault (51% bar)In Wyoming, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in Wyoming

Questions about comparative fault in Wyoming

Is Wyoming a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. Wyo. Stat. § 1-1-109(b) (you can recover if your fault is not more than 50% of the total; damages are reduced by your share)

Where can I complain if an insurer blames me unfairly in Wyoming?

Wyoming Department of Insurance, Consumer Affairs: https://doi.wyo.gov/consumers/information · (307) 777-7402

How fast must an insurer handle a car insurance claim in Wyoming?

Wyo. Stat. § 26-15-124(b): claims for benefits under a property or casualty insurance policy must be accepted or rejected and paid within 45 days after the insurer receives the claim and supporting bills. If a court finds an insurer's refusal to pay a covered loss unreasonable, it may award attorney's fees and 10% yearly interest (§ 26-15-124(c)).

How do I get the police report in Wyoming?

Request crash reports from WYDOT Highway Safety (give the crash date and other details). The fee is $3 per report, plus a $2.50 service fee if you pay by credit card; checks and money orders payable to WYDOT are accepted. Payment is due when you request. https://dot.state.wy.us/home/dot_safety/crash-reports/requesting-crash-reports.html

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Sources

Last checked: Oct 24, 2026.