Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
1. Gather and Document All Evidence
From the moment of injury, collect every bit of evidence that shows fault and links your medical costs to the accident. This includes:
- Police reports and crash diagrams.
- Photographs of the scene, vehicle damage, and visible injuries.
- Names and contact details of witnesses.
- Medical records, itemized bills, receipts, and doctor’s notes.
Well-organized documentation strengthens your demand and leaves less room for insurer dispute.
2. Provide Timely Notice of Claim
Under Wyoming law, liability insurers expect prompt notice of an accident involving their insured. While no fixed statewide deadline applies to third-party claimants, delaying notice can allow the insurer to argue prejudice. Send a written notice to the at-fault driver’s insurer within 30 days to preserve your rights and start the claim process.
3. Understand the Insurer’s Duty to Indemnify
Wyoming Statutes § 26-13-104 requires liability insurers to defend and indemnify their insured when a covered claim arises. Although this statute governs the insured–insurer relationship, it provides legal backing when demanding coverage:
Reference this duty in your demand letter to remind the insurer of its legal obligation.
4. Leverage Med Pay (Medical Payments) Coverage
If the at-fault driver carries Med Pay—often up to a set limit per person—submit your bills directly to that insurer first. Med Pay coverage pays regardless of fault and can reduce disputes over treatment necessity.
5. Draft a Clear Demand Letter
A well-crafted demand letter frames your claim:
- Summarize how the accident occurred and why the other driver was at fault.
- Itemize medical expenses, attaching bills and records.
- Quote relevant Wyoming statutes, such as the insurer’s duty under W.S. § 26-13-104.
- Set a reasonable deadline (e.g., 30 days) for the insurer to accept liability or make an offer.
6. Involve the Wyoming Insurance Department if Needed
If the insurer unreasonably delays or denies coverage, file a complaint with the Wyoming Department of Insurance. They can investigate bad-faith practices and pressure the insurer to comply. Visit:
Wyoming Department of Insurance
7. Consider Legal Representation
An attorney experienced in Wyoming personal injury law can negotiate effectively and bring a lawsuit if the insurer refuses to accept liability. They help:
- Analyze coverage limits and policy exclusions.
- Draft legal notices under Rule 26(b) of the Wyoming Rules of Civil Procedure.
- File suit before the two-year statute of limitations expires (W.S. § 1-3-105).
Helpful Hints
- Keep all bills and medical records in one folder.
- Follow up requests for records and bills in writing.
- Keep a log of phone calls and correspondence with the insurer.
- Don’t sign any release without reviewing it with counsel.
- Be clear and concise in all communications.
- Keep treatment notes even for minor injuries.
- Consider mediation if negotiations stall.