Wyoming Statutes

Wyo. Stat. § 1-1-108 (2026)

Voluntary partial payment of liability claims.

✓ current as of May 2026

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No voluntary partial payment of a claim based on alleged
liability for injury or property damage shall be construed as an
admission of fault or liability, or as a waiver or release of
claim by the person receiving payment. Such payment is not
admissible as evidence in any action for the purpose of
determining the amount of any judgment, with respect to the
parties to the occurrence from which the claim arose. Upon
settlement of the claim, the parties may make any agreement they
desire in respect to all voluntary partial payments. After entry
of judgment, any such payment shall be treated as a credit and
deducted from the amount of the judgment. If after partial
voluntary payments are made it is determined by final judgment
of a court of competent jurisdiction that the payor is liable
for an amount less than the voluntary payments already made, the
payor has no right of action for the recovery of amounts by
which the voluntary payments exceed the final judgment. No
voluntary partial payments shall be construed to reduce the
amount of damages which may be pleaded and proved in a court
proceeding between the parties.

Notes of Decisions

Cited in 6 cases, 1993–2013 · leading case: Haderlie v. Sondgeroth, 866 P.2d 703 (Wyo. 1993).

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Haderlie v. Sondgeroth, 866 P.2d 703 (Wyo. 1993). · cites it 32× “Therefore, on February 11, 1993, we ordered additional briefing and argument requiring that each of the parties shall submit a brief addressing the applicability, if any, of the following: Wyo.Stat. § 1-1-108 (1988); Rambaum v. Swisher, 435 N.”

Amerigas Propane, Inc. v. Bing, 875 P.2d 1276 (Wyo. 1994). · cites it 8× “Amerigas presents the following issues on appeal: Whether the trial court erred as a matter of law in refusing to credit Amerigas for a voluntary payment made pursuant to a stipulation and plaintiffs’ receipt of payment? Whether the trial court erred in refusing to credit…”

Rudy v. Bossard, 997 P.2d 480 (Wyo. 2000). · cites it 2× “Wyo. Stat. Ann. § 1-1-108 (LEXIS 1999) allows a party to be reimbursed for his voluntary partial payment of a claim against him, but it does not provide credit for a payment made by a third person.”

Jerry Herling v. Wyoming Mach. Co., a Wyoming Corp., 2013 WY 82 (Wyo. 2013). “We have held that settlements paid by one tortfeasor are not set off against a judgment against another because each torifeasor is held to pay only the damages related to his share of fault under Wyoming Statute § 1-1-108. Rudy v. Bossard, 997 P.2d 480, 486-87 (Wyo.”

North v. Cummings, 355 F. App'x 133 (10th Cir. 2009). · cites it 5× “) The eourt granted Cummings’ motion for credit on the judgment pursuant to Wyo. Stat. Ann. § 1-1-108 , concluding Cummings was entitled to a credit for the amount he paid Larry prior to trial to compensate him for property damage.”

Lane v. Wal-Mart Stores, Inc (10th Cir. 1999). “Lane’s Cross-Appeal Setoff of amounts paid by Claims Management Lane contends the district court erred in allowing Wal-Mart a set-off, pursuant to Wyo. Stat. Ann. § 1-1-108 , for the amounts paid to her by Claims Management.”

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