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Diminished Value Claim in Wyoming

Probably, against the at-fault driver's insurer, but no Wyoming court has ruled on lost value for cars; you have four years to sue.

File a claim with the other driver's insurer
Likely, not settled
File a claim on your own policy
Not settled
Time limit to sue for car damage
4 years
Your share of the blame
Modified comparative, 51% bar
Minimum coverage for property damage
$20,000

No Wyoming court has ruled on a diminished value claim in Wyoming for a damaged car. That leaves drivers to rely on general damage rules, a solid appraisal and a firm demand.

An Open Question in the Courts

The Matthiesen, Wickert & Lehrer survey lists no Wyoming decision on lost value in a claim against another driver. The closest case is Miller v. Campbell County, from 1995. There the Wyoming Supreme Court found that diminution in value was an element of damage in an inverse condemnation case. That was a land case, not a car case.

Still, it shows the court treats lost value as a real loss. Ask the at-fault driver's insurer to pay it. Support the number with a diminished value appraisal and a demand letter that lists the repair, the date and the before and after values.

Your own policy is even less certain. The same survey shows no Wyoming ruling on a car owner's own coverage, so the policy wording is all you have.

Four Years to File

Wyoming gives you four years for an action for injuring personal property, under Wyo. Stat. § 1-3-105(a)(iv)(B). That is plenty of time to gather records. Do not let slow talks with an insurer eat it up.

The 50 Percent Line on Fault

Under Wyo. Stat. § 1-1-109, recovery is allowed while your fault stays at or under 50 percent of the total fault of everyone involved. Your award is then cut by your share. Above that line, the claim fails.

A Modest Floor and a Small Court

Wyoming drivers must carry at least $20,000 for damage to the property of others, under Wyo. Stat. § 31-9-102. That one limit pays for repairs and lost value together.

Small claims court handles money claims up to $6,000. A bigger loss needs a different court. For help with a stalled claim, start with the Wyoming Department of Insurance.

Get your Wyoming number with the diminished value calculator, or compare Wyoming with every other state.

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