Wednesday, April 15, 2026 |
Photo – Dallas Avery as he was hit by a car – Courtesy April Avery
A Hanna resident is fighting to change how the state handles underinsured motorist insurance claims.
Hanna resident April Avery has launched a petition to change Wyoming’s underinsured motorist offset laws. Under current statutes, any payment from the at‑fault driver’s liability carrier is deducted from the total underinsured motorist coverage available to a policyholder. As a result, someone with $50,000 in underinsured motorist coverage may be unable to collect anything from their own policy if the at‑fault driver also carries $50,000 in liability coverage, even if medical bills far exceed those amounts.
In February 2025, April Avery and her husband, Dallas, were shopping at a big‑box retailer in Laramie. Avery described how her husband was struck by an inattentive driver while walking through the parking lot.
Surveillance video obtained from the big‑box retailer shows the Averys exiting the store. A gray Jeep Liberty can be seen moving slowly down the parking lot aisle toward the entrance before the driver appears to suddenly accelerate through the crosswalk, striking Dallas.
Avery said police estimated her husband was thrown 12 to 15 feet by the collision. Dallas suffered a fractured collar bone, and surgery was scheduled for the following week. However, Avery said that before the procedure could take place, her husband was admitted to Ivinson Memorial Hospital in Laramie with broken ribs and pneumonia.
Two days later, on February 8th, 2025, Dallas began experiencing chest pains. Avery said Ivinson staff believed her husband was having a heart attack, and he was airlifted to UCHealth Poudre Valley Hospital in Ft. Collins. While in Colorado, surgeons used a metal plate to secure his fractured collar bone.
Avery said that three days after being released from Poudre Valley Hospital, Dallas began experiencing chest pain again and started shaking. He was taken to Memorial Hospital of Carbon County and diagnosed with severe anxiety. Avery said her husband’s elevated stress levels led to uncontrollable high blood pressure.
Months later, in October 2025, Dallas had a heart stent installed. Avery said doctors could not prove her husband’s heart condition was caused by the incident, but they believed it was likely connected.
Avery said that by the time his treatment ended, Dallas had accumulated $414,000 in medical bills.
The Averys hired lawyers and sued the driver’s insurance. However, because of Wyoming’s underinsured motorist offset laws, they were not able to secure enough money to cover Dallas’s medical bills.
In Wyoming, underinsured motorist benefits only apply when the at‑fault driver’s liability limit is lower than the policyholder’s. For example, if a policyholder with $50,000 in underinsured motorist coverage is struck by a driver with a $25,000 liability limit, the at‑fault driver’s $25,000 would be deducted from the policyholder’s $50,000 in coverage, leaving only $25,000. Should both drivers carry the same liability limits, underinsured motorist benefits may not apply at all, leaving the injured party without any compensation.
Avery said that after the case was settled, her family received roughly $30,000, not nearly enough to cover her husband’s $414,000 medical bills.
In response, Avery has launched a Change.org petition to change Wyoming’s underinsured motorist offset law, bringing the state in line with Colorado and Montana, which allow victims to fully access their underinsured motorist coverage. Avery said the state’s existing laws prevent policyholders from collecting the benefits they’ve already paid for.
Avery said she was told her petition would need signatures from at least 15 percent of all voters. Based on the previous general election, that would be more than 40,000. The Hanna resident said she doesn’t expect to reach that number, but she is committed to the effort.
At the time of this report, Avery’s petition had received 44 signatures.
It is important to note that a Change.org petition, whether it has 44 signatures or 40,000, does not require the Wyoming Legislature to take any action. A veto referendum is the only path available to change an existing law. An application must be submitted to the Secretary of State’s office within 90 days after the Legislature adjourns. If the veto referendum request is approved, the applicant must collect more than 40,000 valid signatures across at least 16 of Wyoming’s 23 counties. When that threshold is met, the law is suspended until voters decide the question at the next general election.
Avery thanked the people of Hanna for the support they showed during her husband’s recovery.
A link to Avery’s Change.org petition will be included in this story when it is posted to the Bigfoot99 website later today.
Get rid of Wyoming offset law for UIM coverage petition: Petition · Petition · Get rid of Wyoming offset law for UIM coverage – United States · Change.org
