Disclaimer: This article provides general information and is not legal advice.
Detailed Answer
1. Assess the At-Fault Driver’s Policy and Coverage Gaps
After an accident, confirm the at-fault driver’s liability limits have been fully paid. Once those limits are exhausted, their insurer cannot cover additional loss-of-use or rental car expenses.
2. File a Rental Reimbursement Claim Under Your Policy
If you purchased rental reimbursement or loss-of-use coverage, submit your claim directly to your insurer. This optional add-on covers daily rental fees or the actual loss-of-use value up to your policy limits. Check your declarations page for coverage details and time limits.
3. Use Uninsured/Underinsured Motorist (UM/UIM) Property Damage Coverage
Under Wyo. Stat. § 26-17-302 (view statute), you can elect UM/UIM property damage coverage. This coverage applies when the at-fault driver’s policy is insufficient to cover your losses.
4. Pursue a Direct Action for Excess Damages
You may sue the at-fault driver personally for any remaining loss-of-use or rental expenses. Document all costs, retain rental invoices, and file your suit promptly.
5. Mind the Statute of Limitations
File any property damage lawsuit within four years, per Wyo. Stat. § 1-3-105 (view statute). Missing this deadline usually bars your claim.
Helpful Hints
- Collect all rental invoices and loss-of-use calculations immediately.
- Review your insurance declarations for available coverages.
- Provide timely written notice to the at-fault driver’s insurer to preserve your claim.
- Discuss UM/UIM property damage limits with your adjuster.
- Maintain a detailed record of rental dates and communications.
- Consider small claims court if your extra expenses fall under the limit.