What Options Are Available if the At-Fault Driver Had No Active Insurance Coverage on the Date of Loss?

Detailed Answer

When a driver without insurance causes a crash in Wyoming, injured parties face special hurdles. Wyoming law requires all drivers to maintain financial responsibility. See W.S. 31-5-101 et seq. (https://wyoleg.gov/Statutes/31-5-101). If the at-fault driver lacks coverage, you generally have these options:

1. File an Uninsured Motorist (UM) Claim Under Your Policy

Most Wyoming auto policies include uninsured motorist (UM) coverage. UM coverage steps in to pay for your bodily injury and property damage up to your policy limits. Review your declarations page to confirm your limits. Promptly notify your insurer of the accident and submit proof of damages and medical bills.

2. Pursue a Lawsuit Against the At-Fault Driver

You may sue the at-fault driver for negligence to recover full damages. File your complaint within two years of the crash under W.S. 1-3-105 (statute of limitations). A successful verdict yields a judgment. However, collection depends on the driver’s assets. If the driver lacks income or property, enforcement may prove difficult.

3. Seek Medical Payments (MedPay) or Personal Injury Protection (PIP)

If your policy includes MedPay or PIP, file a claim to cover medical costs regardless of fault. MedPay pays treatment bills up to your selected limit. PIP (if included) may also cover lost wages and rehabilitation expenses.

4. Levy on the Driver’s Personal Assets

After obtaining a money judgment, you can pursue garnishment of wages or bank accounts, and place liens on real property. Wyoming Rule of Civil Procedure 69 governs enforcement. Consult an attorney to navigate post-judgment procedures.

5. Report the Offense to the Wyoming Department of Transportation (WYDOT)

Under W.S. 31-5-105, the Department will suspend the uninsured driver’s registration and driver’s license until they file an SR-22 certificate and deposit a security bond. This doesn’t recover your damages but helps enforce compliance.

Helpful Hints

• Notify your insurer immediately after the crash to preserve UM rights.
• Gather evidence: photos, witness statements, police report.
• Keep detailed records of medical treatment and expenses.
• Check your policy for MedPay or PIP options to speed recovery of medical bills.
• Consult a Wyoming attorney to evaluate the at-fault driver’s ability to pay before filing suit.
• Ask about installment payment agreements if you must front medical expenses.

Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.