Diminished value claims in Wyoming

Can you claim diminished value in Wyoming?

Short answer: Wyoming courts have not clearly decided whether you can recover it from the at-fault driver's insurer.

No Wyoming decision on post-repair diminished value of a vehicle (first- or third-party) was found. The Wyoming Supreme Court has said damage to a vehicle that is not totally destroyed may be measured either by cost of repairs or by decrease in market value 'as the occasion may require' (Meredith GMC v. Garner, as described in Aetna v. Langdon), and in Langdon it read the Department's claims rule as not barring a cash offer based on decrease in market value. Neither case addresses recovering repair cost plus remaining loss in value.

Source: Aetna Cas. & Sur. Co. v. Langdon, 624 P.2d 240 (Wyo. 1981); Meredith GMC, Inc. v. Garner, 328 P.2d 371 (Wyo. 1958)

See which states allow diminished value claims.

Does your own insurance pay diminished value in Wyoming?

Short answer: There is no clear Wyoming rule either way, so check your policy wording.

A claim on your own collision coverage depends on what your policy promises. Read its definition of "loss" and any exclusion for diminution in value before you ask. The Wyoming rule above is the starting point; your policy wording can narrow it.

What to do when Wyoming law is unclear

Unclear does not mean no. It means we found no Wyoming court decision that settles the question. You can still ask the at-fault driver's insurer in writing, with evidence of the lost value, and ask for its reasons in writing if it refuses.

• Keep the deadline below in view. Talking with the insurer does not usually stop it from running.
• Base your number on market evidence, not on a formula the insurer picks.
• If the insurer will not engage, a local attorney can tell you whether Wyoming courts are likely to allow the claim. Many offer a free first call.

How to file a diminished value claim in Wyoming

1. Finish the repair and get the final invoice showing every part and labor operation.
2. Document the pre-accident value of your exact trim and mileage.
3. Collect proof of the loss: a vehicle history report showing the accident, written trade-in offers, or an independent appraisal.
4. Send a written demand to the at-fault driver's insurer with a specific amount and your evidence.
5. If they refuse or lowball, you can sue the at-fault driver in small claims court before the deadline.

How to document the value before and after

• Before: save listings for cars of the same year, trim and mileage from just before the accident, and any records of options, upgrades and maintenance.
• After: get at least two written trade-in or purchase offers from dealers who see the repaired car and its history report.
• Keep the repair invoice, photos of the damage and the history report entry; they show what a buyer will see.

Step-by-step help with each part: how to file a diminished value claim.

Will the insurer use the 17c formula in Wyoming?

Many adjusters calculate diminished value by capping it at 10% of the car's value and then applying damage and mileage multipliers. The result is often a few hundred dollars. It is not based on what buyers actually pay, and you do not have to accept it. How the 17c formula works.

Deadline to file a diminished value claim in Wyoming

Short answer: You generally have 4 years to sue the at-fault driver for damage to your car (Wyo. Stat. § 1-3-105(a)(iv)(B)). Send your written demand well before then.

Property damage claims in Wyoming generally must be filed in court within 4 years of the accident.

Source: Wyo. Stat. § 1-3-105(a)(iv)(B)

How to file an insurance complaint in Wyoming

Short answer: File a free complaint with the Wyoming Department of Insurance online. It asks the insurer for a written response, but it cannot set the amount you are owed.

If an insurer ignores your claim or will not explain a refusal, the state insurance regulator takes complaints.