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DOES INSURANCE COVER MICHIGAN DEER CAR ACCIDENTS? WHAT TO KNOW BEFORE FILING A CLAIM

Published by Bill Laubscher at October 4, 2023

An increasing deer population has led to a rise in deer car accidents, especially in cities and suburbs across the Lower Peninsula. In fact, Michigan ranked fourth on a list of states where drivers are most likely to collide with a deer, according to the latest annual report from a major insurance company. While deer appear harmless in their natural habitat, they can be quite deadly when they dart across a road or highway. In addition to harming the animal, hitting a deer can cause serious injuries to the driver and passengers as well as major vehicle damage.

Here is an overview of what to do after a deer collision and how hiring an experienced car accident attorney is the best way to win the compensation you deserve.

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WHAT TO KNOW ABOUT DEER CAR ACCIDENTS IN MICHIGAN

Deer crashes rose 13 percent last year, from 52,218 in 2021 to 58,984 in 2022
November had more deer-related crashes, 10,923, than any other month, followed by 8,567 crashes in October
Tuesday had the highest number of deer accidents (9,493), followed by Monday (8,871), Friday (8,784), Wednesday (8,782) and Thursday (8,489)
The fewest number of deer accidents occurred on weekends, 7,007 on Sunday and 7,558 on Saturday
Kent County had the most deer-related crashes (2,250), followed by Oakland County (2,009)

DOES MICHIGAN NO-FAULT INSURANCE COVER DEER CAR ACCIDENTS?

If you are injured, your medical expenses will be paid in accordance with the level of Personal Injury Protection (PIP) medical coverage you have chosen. If you have unlimited medical benefits, your policy will cover the cost of all reasonable and necessary medical services related to the accident. This coverage includes rehabilitative therapy, attendant care and transportation to and from medical appointments.

In addition, PIP benefits include a portion of lost wages and replacement services for up to three years. These benefits are currently available regardless of your level of PIP medical coverage, but could change in the future.

If your passengers are injured, their medical bills will be covered according to the provisions of their own No-Fault policies or other health care insurance. Uninsured passengers may seek reimbursement from the Michigan Assigned Claims Plan (MACP).

WILL MY INSURANCE COVER CAR REPAIRS AFTER A DEER ACCIDENT?

If no other vehicle is involved in the accident, car repairs will be covered only if your insurance policy includes comprehensive coverage. This optional protection pays for damages caused by things other than car crashes, such as animals, fire, theft, vandalism, glass/windshield damage, falling trees, lightning, hail and flooding.

However, comprehensive coverage pays for repairs only if the vehicle made actual contact with the animal. If, for example, a car swerved to avoid a deer and smashed into a tree or guardrail, the repairs would be covered under the collision portion of the policy.

In addition, if the deer accident did not involve another car, the vehicle owner is responsible for paying the deductible specified in the policy.

Recommended reading: Important Facts About Rear-End Collisions

WHAT HAPPENS WHEN ANOTHER VEHICLE IS INVOLVED IN A DEER ACCIDENT?

Sometimes a deer accident involves another motor vehicle, such as when a driver hits the brakes or swerves to avoid the deer and is hit by another car.

If anyone is injured, the No-Fault coverage is the same as it is in any auto accident. Medical bills and other accident-related expected are paid under the Personal Injury Protection (PIP) medical benefits, up to the limits of the policy covering the injured person. No-Fault also covers a portion of lost wages in addition to household replacement services up to $20 per day.

However, if another driver is at fault for the accident, the victim(s) may be able to file a lawsuit to recover intangible damages such as pain and suffering as well as medical expenses that exceed the Personal Injury Protection (PIP) medical benefits selected by the policy owner.

If you are injured in a deer crash involving another vehicle, it is wise to contact an experienced car accident attorney as soon as possible to protect your rights.

Recommended reading: New Michigan Law Prohibits Hand-Held Cell Phones

DOES NO-FAULT INSURANCE COVER MOTORCYCLE DEER ACCIDENTS?

A motorcycle is not considered a “motor vehicle” under Michigan No-Fault law. Therefore, motorcycles are not eligible for the same insurance covering passenger vehicles such as cars and trucks. The main difference is that standard motorcycle insurance policies do not include Personal Injury Protection (PIP) benefits, which typically cover accident-related expenses such as medical bills (up to the limits of the policy), in addition to lost wages and replacement services.

Therefore, if a motorcyclist hits a deer and no truck or automobile is involved, No-Fault benefits do not apply unless the biker has another vehicle covered by a No-Fault policy. This is why many motorcyclists purchase optional PIP coverage from their insurance carriers.

However, when the deer accident involves another motor vehicle, the motorcyclist’s medical bills are usually covered by the at-fault driver’s (or vehicle owner’s) No-Fault, up to the limits of the Personal Injury Protection (PIP) medical benefits specified in the policy.

Additionally, the motorcyclist may be able to file a claim against the at-fault party for intangible damages such as pain and suffering, as well as medical expenses that exceed the No-Fault medical coverage limits.

WHAT SHOULD I DO IF I HIT A DEER WITH MY CAR?

While it is normal to be shaken up after any car accident, taking these simple steps can help ensure safety and avoid future problems:

Move your vehicle to the side of the road and turn on hazard lights
If the car is not drivable, turn on hazard lights and stay in the vehicle unless it is unsafe to do so
Call the police, even if no one is injured and remain at the scene until they arrive
Obtain an incident number from the officer(s) so you can request a police report
Take photos of the vehicle(s), the surrounding area, the deer and any injuries you and your passengers sustained
Obtain contact information of witnesses and write down or record their statements if possible
Do not go near the deer, even if it is not moving
Call an experienced car accident attorney before talking to an insurance agent or signing any papers
Report the accident to your insurance company
Remain at the scene until police give you permission to leave
Check your car for damage that would make it unsafe to drive and call a tow truck if you are unsure

TIPS FOR AVOIDING DEER CAR ACCIDENTS

Be extra cautious during dawn and dusk, when deer are most active, especially during October and November
If a deer crosses the road, slow down and watch for more to follow
Slow down in areas with large deer populations or any road where warning signs are posted
Do not swerve to avoid hitting a deer; apply the brakes firmly and hold the steering wheel with both hands until the car comes to a stop
Never drive when you are tired or under the influence of alcohol or drugs
Avoid distractions such as cell phones, loud music, tending to children and eating and drinking

Recommended reading: How Are Michigan Car Accident Lawyer Fees Determined?

CONTACT OUR EXPERIENCED MICHIGAN CAR ACCIDENT LAWYERS TODAY

If you or a loved one is injured in a Michigan car accident, we can help. Our experienced lawyers have the skills, knowledge and resources to win the compensation you and your family deserve.

Car accident law is complicated, but finding the right Michigan car accident attorney is simple.

Help is just a click away®! Start your case today by clicking on the link below or calling 1-800-CALL-SAM for a free, no-obligation consultation with a member of our legal team.

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