How to file a personal injury claim after a driver ran a stop sign and hit your car
Quick overview
If another driver ran a stop sign and hit your car, you can pursue compensation for injuries and property damage through an insurance claim and, if necessary, a civil (tort) claim in Wyoming. This guide explains the practical steps to protect your rights, preserve evidence, work with insurers, and—when needed—file a lawsuit in Wyoming. It assumes no legal knowledge.
Disclaimer
This is general information only and not legal advice. It is not a substitute for consulting a licensed attorney about your specific situation.
Detailed answer — step by step
1) Immediately after the crash: protect health and evidence
- Get medical attention for any injuries. Some injuries are not apparent right away; prompt care both protects your health and creates medical records that document causation.
- If safe, call 911 so police respond and create a crash report. A police report is important evidence.
- Preserve the scene. Take photos and videos of vehicle damage, the intersection (including the stop sign), skid marks, traffic signs, vehicle positions, and visible injuries. Note weather, lighting, and any obstructions to sight lines.
- Collect contact information from the other driver(s), passengers, and any witnesses. Write down badge/ID of the responding officer and the police crash report number.
2) Preserve and document evidence
- Keep all medical bills, treatment records, prescriptions, and records of missed work.
- Keep repair estimates, towing receipts, photos of damage, and rental car invoices.
- Back up photos and videos in multiple places (cloud, email to yourself) so they aren’t lost.
3) Notify insurance
- Notify your insurer promptly (your policy will explain time limits). Be factual. Do not admit fault or give a recorded statement without advice from an attorney.
- Report the crash to the other driver’s insurer if you have their policy information. Their insurer will begin an investigation and may contact you.
- Keep communication written where possible; log phone calls (date, time, person, what was said).
4) Insurance claim process: demand, negotiation, and settlement
Most vehicle-collision injury cases resolve through insurer negotiation before suit.
- Start a claim by submitting documentation (medical records, bills, proof of lost wages, photos, police report).
- Insurers may make an early low offer. You can respond with a demand letter summarizing liability, injuries, and a dollar demand for settlement.
- If insurers will not offer fair compensation, you can escalate to mediation or file a lawsuit.
5) Deciding to file a lawsuit in Wyoming
If settlement efforts fail, you may file a civil complaint (lawsuit) in Wyoming district court. Key practical points:
- Venue: lawsuits are usually filed in the district court for the county where the injury occurred or where the defendant lives.
- What you must prove: negligence. You will need to prove the other driver owed a duty to drive safely, breached that duty by running the stop sign, the breach caused your injury, and you suffered damages (medical bills, lost earnings, pain and suffering).
- Comparative fault: Wyoming reduces a plaintiff’s recovery by the plaintiff’s percentage of fault. Be prepared for the defense to argue comparative fault (for example, that you also contributed to the collision). For details, consult Wyoming statutes and case law or an attorney.
- Damages: include economic (medical costs, property damage, lost income) and non‑economic (pain and suffering). In rare cases, punitive damages may be pursued if the conduct was especially reckless.
6) Timeline and deadlines
Wyoming has time limits (statutes of limitation) that bar lawsuits after a set period. Don’t wait—if you miss the deadline you may lose the right to sue. You can review Wyoming statutes and rules at the Wyoming Legislature website: https://wyoleg.gov. If you think the timeline might run soon, contact an attorney right away.
7) Hiring an attorney
- Personal injury attorneys often work on contingency (they take a percentage of the recovery). Ask about fees, costs, and who pays upfront costs like expert reports.
- Look for attorneys experienced in motor vehicle collisions and trial experience if your case may go to court.
- An attorney can handle evidence collection, negotiate with insurers, evaluate offers, and file suit if needed.
8) If the at-fault driver is uninsured or underinsured
- Use your uninsured/underinsured motorist (UM/UIM) coverage if you have it on your policy.
- If you lack UM/UIM or it’s inadequate, you may still sue the at-fault driver personally, but collectability depends on that driver’s assets.
9) Typical stages if you file suit
- Pleadings: file a complaint and the defendant answers.
- Discovery: exchange documents, take depositions, obtain expert reports.
- Motion practice: parties may file motions (for example, to exclude evidence).
- Settlement talks / mediation: many cases settle before trial.
- Trial: if no settlement, the case may proceed to jury or bench trial.
Helpful hints
- Seek medical care immediately and follow doctors’ orders. Delays can hurt both health and your claim.
- Do not admit fault at the scene. Even a casual comment could be used against you by insurers.
- Keep a written diary of symptoms, medical visits, and how injuries affect daily life—this strengthens non‑economic damage claims.
- Save everything: receipts, emails, repair estimates, rental car bills, and any correspondence with insurers.
- Photograph the scene from multiple angles and ask witnesses for statements and contact information while memories are fresh.
- Be cautious with social media; insurers and defense lawyers may review posts for anything that undermines your claim.
- If the other driver denies responsibility, look for objective evidence: police report, traffic camera footage, nearby business video, vehicle damage patterns, and witness statements.
- Ask an attorney about filing an early lawsuit to preserve claims if evidence might disappear (for example, if witness memory fades or vehicles are repaired).
- Consult the Wyoming Legislature’s website for statutes and court rules: https://wyoleg.gov.
Where to get more help
Contact a Wyoming personal injury attorney for a confidential evaluation as soon as you can. An attorney can explain statute deadlines that apply to your case, assess liability, and advise whether to accept a settlement or file suit.