Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
In Wyoming, if you suffer damages in an incident involving multiple at-fault parties who share a single insurance policy limit, you may find that the insurer’s payout falls short of your total expenses. In that scenario, you can pursue additional recovery directly from each responsible party under Wyoming’s tort and contribution statutes.
1. Exhaust Available Insurance Coverage
First, ensure you receive the full policy limit. Under Wyoming’s minimum auto-insurance requirements (Wyo. Stat. § 26-13-101), an insurer must pay up to the policy maximum—even if multiple insured drivers are involved in the same accident. Once the insurer pays the limit, no further recovery is possible from that policy.
2. Sue Individual At-Fault Parties for the Balance
After the policy limit is exhausted, you can file a lawsuit against each party whose negligence contributed to your damages. Wyoming follows a comparative fault system (Wyo. Stat. § 1-1-109), meaning a jury or judge will assign each defendant a percentage of responsibility. You may recover the portion of your damages attributable to each defendant up to the full amount of your loss.
3. Joint and Several vs. Several Liability
Wyoming law replaces traditional joint and several liability with several liability. Each defendant is responsible only for their share of fault, as determined by the trier of fact. Thus, you cannot force one defendant to pay the entire judgment if they are found 10% at fault—you can only collect 10% of the total damages from that person. An exception applies if a defendant acted with intent or in reckless disregard for safety; in those cases, joint liability may be available.
4. Contribution Among Defendants
If one defendant pays more than their share of liability, that party can seek contribution from co-defendants under Wyo. Stat. § 1-1-110 (Title 1, § 1-1-110). From the plaintiff’s perspective, naming all at-fault parties in your original lawsuit streamlines resolution and ensures each party’s insurance carrier and personal assets are targeted concurrently.
5. Enforcing a Judgment
Once you obtain a judgment, you have several enforcement tools. You can:
- File a writ of execution to seize non-exempt personal property.
- Garnish wages or bank accounts of judgment debtors.
- Place liens on real property owned by the defendant.
Keep in mind the two-year statute of limitations for personal injury actions (Wyo. Stat. § 1-3-105). Filing after this deadline generally bars recovery, so act promptly.
Helpful Hints
- Document all medical bills, repair estimates, and out-of-pocket expenses before filing suit.
- Obtain a clear breakdown of each party’s fault percentage to guide settlement negotiations.
- Include underinsured or uninsured motorist coverage claims if your own policy provides them.
- Consider mediation to resolve disputes over fault apportionment efficiently.
- Hire a Wyoming attorney familiar with comparative fault and contribution claims to safeguard your rights.