{"id":383561,"date":"2025-10-16T14:01:49","date_gmt":"2025-10-16T19:01:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/?page_id=383561"},"modified":"2025-10-16T13:58:10","modified_gmt":"2025-10-16T18:58:10","slug":"is-it-an-at-fault-accident-if-you-hit-a-deer","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/is-it-an-at-fault-accident-if-you-hit-a-deer.html","title":{"rendered":"Is It an At-Fault Accident If You Hit a Deer?"},"content":{"rendered":"\n
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Is It an At-Fault Accident If You Hit a Deer?<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

No, hitting a deer is generally not considered an at-fault accident<\/span> by insurance companies<\/span> since wildlife collisions are viewed as unavoidable circumstances beyond a driver’s control. However, fault determination can change if you swerve<\/span> to avoid the deer and hit another vehicle or object instead. Insurance coverage<\/span> depends on whether you have comprehensive coverage<\/span>, which typically covers direct animal strikes.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

If you\u2019ve ever driven down a dark road, especially in a rural area, then you know how hard it can be to avoid hitting a deer. Even if you have a perfect driving record<\/span><\/a>, you may fall prey to a deer running across the road during mating season<\/span>. While you may feel guilty for hitting a deer or any other wild animal<\/span>, the biggest hit may be to your wallet due to damage to your vehicle.<\/p>\n

The good news is that insurance companies<\/span> generally don\u2019t consider accidentally hitting a deer an at-fault <\/span><\/a>accident<\/span>. They understand that these things happen. But whether your auto <\/span>insurance<\/span> policy<\/span> will cover the cost of repairing your vehicle is another question.<\/p>\n

In this article, we\u2019ll explain what to do after a deer-related accident<\/span>. We will also discuss whether your car <\/span>insurance<\/span> policy<\/span> will cover any financial losses<\/a> you suffer.<\/p>\n

If you\u2019ve recently been in a deer accident<\/span> and are having issues with the insurance company<\/span> or another driver, contact a local car accident<\/span> attorney<\/a> for help.<\/p>\n

What to Do After a Deer Accident<\/span><\/h2>\n

The steps you take after a deer accident<\/span> are similar to the steps you take after a car accident<\/span><\/a>. The first thing you need to do is pull over<\/span> to the side of the road<\/span>. This way, you can avoid another collision with a passing motorist<\/span>.<\/p>\n

The next step is to call 911. When you submit your insurance claim<\/span>, the insurance adjuster<\/span> will want a copy of the police report<\/span><\/a>. This helps them determine whether your collision was, in fact, a no-fault<\/span> accident.<\/p>\n

While you\u2019re waiting for the police to arrive, turn on your hazard lights<\/span><\/a>. This will alert other motorists<\/span> that you\u2019ve been in an accident. You should also turn on your high beams<\/span>. This will allow you to see the damage to your car and determine whether the deer is still alive.<\/p>\n

Once law enforcement<\/span> completes its accident investigation, consider seeking medical attention if you feel any discomfort or pain, as some injuries may not be immediately apparent. Even if you feel okay at the accident scene, you should still see a doctor. You could have internal injuries, such as a punctured organ or broken ribs.<\/p>\n

Finally, you must submit your collision claim<\/span> to the insurance company<\/span>. Most insurance companies<\/span> limit the amount of time you have to file your claim. If you miss the filing deadline, you may lose your chance of having the insurance carrier cover the damage to your vehicle and any other property damage<\/span><\/a>.<\/p>\n

What Happens if You Swerve<\/span> to Avoid a Deer and Hit Another Vehicle?<\/h2>\n

It doesn\u2019t seem fair that a person would be civilly liable for injuries that ensue from a deer-related accident<\/span>. After all, no motorist<\/span> can control what a deer does out in the wild.<\/p>\n

However, the law requires drivers to maintain control of their vehicle regardless of the situation. Therefore, if you lose control of your car while trying to avoid hitting a deer, you will likely be responsible for damages<\/a>.<\/p>\n

Generally, hitting a deer is less serious than hitting another car. If it comes down to hitting a deer or swerving<\/span> into another car, the safer option is to (unfortunately) hit the deer. If you swerve<\/span> to avoid the deer and lose control of your vehicle, the other driver will likely file a claim<\/a> with your insurance company<\/span>.<\/p>\n

Swerving<\/span> (for any reason) could be considered a negligent <\/a>or sometimes even reckless act. Even if you do it out of instinct, the law may not be on your side. A court would evaluate whether swerving<\/span> was reasonable under the circumstances. While trying to avoid an animal is understandable, drivers are generally expected to maintain control of their vehicles.<\/p>\n

Unless the other driver did something to cause the crash, you will likely be the at-fault party<\/a>.<\/p>\n

If your insurance policy<\/span> doesn\u2019t cover all of the other driver\u2019s damages, there is a good chance they will sue you personally. If this happens, your insurance carrier will represent you in court. They will also work hard to negotiate a settlement<\/a> with the other party.<\/p>\n

Will Your Auto <\/span>Insurance<\/span> Cover<\/span> an Accident Involving a Deer or Other Wild Animal<\/span>?<\/h2>\n

The claims process<\/span><\/a> for deer-related accidents<\/span> is similar to the process for regular car accidents<\/span>. Whether the insurance company<\/span> pays your insurance claim<\/span> depends on the type of coverage you have and the kind of damage that occurred.<\/p>\n

If you only have liability insurance<\/span>, the insurance carrier may not pay your claim. Liability <\/span>insurance<\/span><\/a> covers<\/span> bodily injuries and property damage<\/span> that you cause to others in a motor vehicle accident. It does not cover damage<\/span> to your own vehicle.<\/p>\n

If you have comprehensive coverage<\/span><\/a>, there is a good chance your insurance policy<\/span> will cover your financial losses. For example, if you suffer vehicle damage<\/span> after hitting a deer, your comprehensive insurance<\/span> will cover the repair costs<\/span>. It will also pay to replace your car if the insurance company<\/span> declares your vehicle totaled.<\/p>\n

It\u2019s important to note that the insurance provider<\/span> will only pay your comprehensive claim<\/span> if you actually hit the deer. If you swerve<\/span> and hit a tree, a guardrail, or another vehicle, you\u2019ll need to file a claim under your collision coverage<\/span><\/a>.<\/p>\n

You May Have to Pay a Deductible<\/span><\/h2>\n

Even if your auto <\/span>insurance<\/span> policy<\/span> covers your claim, you will still have to pay a deductible<\/span><\/a>. The specific amount of your deductible<\/span> depends on the terms of your insurance policy<\/span>. Your deductible<\/span> can range anywhere from $250 to $1,000.<\/p>\n

In most accident cases, you don\u2019t actually pay the insurance company<\/span> the cost of your deductible<\/span>. Instead, the insurance adjuster<\/span><\/a> will deduct the amount from your insurance check. For example, if your total claim is for $5,000 and your deductible<\/span> is $500, your check will be for $4,500.<\/p>\n

Will Your Car <\/span>Insurance<\/span> Rates<\/span> Increase After a Deer Collision<\/span>?<\/h2>\n

If you hit a deer and no other vehicles are involved in the accident, your insurance premiums<\/span><\/a> typically won\u2019t go up. Car <\/span>insurance<\/span> companies<\/span> generally don\u2019t consider a deer-related accident<\/span> as an at-fault accident<\/span>. Even the most careful drivers can end up in a collision with a deer, especially when driving near wooded areas<\/span>.<\/p>\n

Now, if you don\u2019t actually hit the deer and swerve<\/span> and hit another car, your insurance rates<\/span> may increase. The insurance provider<\/span> will review your claim to determine if you were responsible for the car accident<\/span>. If the insurance adjuster<\/span> believes you were at fault<\/a>, your premiums may go up.<\/p>\n

Need Additional Help?<\/h2>\n

If you were involved in a straightforward deer accident<\/span>, you can probably sort out the damages with your insurance company<\/span>. But in more complex situations, especially those involving another driver or damage to another person\u2019s property, consider getting help from an attorney.<\/p>\n

A local personal injury<\/span> lawyer<\/a> can help determine whether your car <\/span>insurance<\/span> covers<\/span> the damage to your vehicle and help you file your insurance claim<\/span>. They can also defend you if someone sues you personally for damages stemming from the accident.<\/p>\n\n\n

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