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Michigan Deer Car Accidents: Are They Covered By Insurance?

December 21, 2021 by Steven M. Gursten

Deer Car Accidents: Are They Covered By Insurance?

Deer car accidents are covered by insurance in Michigan. No-Fault coverage will pay for an injured person’s medical expenses and lost wages and attendant care is available if there is a serious injury. Comprehensive coverage will help pay for vehicle damage. Survivor’s loss coverage pays financial support to families if a loved one is killed in an automobile crash involving a deer.

However, because there is no at-fault driver involved in a deer car accident who could be held liable for the crash and the resulting injuries, people injured in these types of automobile crashes cannot recover pain and suffering compensation, “uninsured” or “underinsured” motorist benefits or money damages for repair costs under Michigan’s mini tort law.

Does car insurance cover hitting a deer?

Auto No-Fault insurance and comprehensive car insurance will cover hitting a deer in Michigan. When people are injured in deer car accidents in Michigan, No-Fault PIP benefits will pay for attendant care and for medical if they cannot return to work. Comprehensive coverage, if available, will help pay to repair vehicle damage.

Does liability car insurance cover hitting a deer?

Liability auto insurance is not applicable after hitting a deer in Michigan. The liability coverage in your personal auto insurance policy pays for any liability you would face if you cause a car crash that causes injury or death to another person.

Does full coverage car insurance cover hitting a deer?

Full coverage car insurance will cover hitting a deer in Michigan only if your “full” coverage includes comprehensive coverage, which will pay for vehicle damage caused by an event other than a car crash – such as hitting a deer.

Does comprehensive car insurance cover hitting a deer?

Comprehensive car insurance covers hitting a deer in Michigan. Comprehensive coverage – which is optional in Michigan – covers damages to your vehicle caused by something other than an automobile crash, such as fire, theft, vandalism, hail, window/windshield damage flooding and hitting a deer (or other animals).

Depending on the deductible in your policy, you will have to pay the deductible amount in order for your auto insurer to provide comprehensive coverage to pay to fix your vehicle.

Our attorneys recommend that drivers purchase comprehensive coverage with a maximum deductible of $1,000.

Do auto No-Fault insurance benefits apply to deer car accidents in Michigan?

No-Fault benefits do apply to these types of crashes. Under the law, if you are injured in an automobile crash – even if it only involves you, your car and a deer – then you are entitled to recover No-Fault PIP benefits from your auto insurance company or possibly the insurer of your spouse or a relative who lives in your home.

To make a claim for No-Fault benefits after an automobile crash, you must file an application for No-Fault benefits – which is also called your “written notice of injury” – with the responsible car insurance company within one (1) year after the accident. (MCL 500.3145(1) and (4))

Unfortunately, if you fail to file your application on time – within ONE YEAR from the date of your automobile crash – then you will forever lose any benefits to which you might be entitled.

What are the No-Fault benefits that apply?

People who have been injured in deer car accidents in Michigan are entitled to recover No-Fault PIP benefits that will pay for their medical bills and lost wages if their injuries disable them from returning to work. No-Fault will also pay for household replacement services, medical transportation costs and attendant care if there is a very serious injury and a person needs assistance with personal care.

In my experience as a Michigan car accident lawyer, all of the catastrophic injury cases resulting from these types of automobile crashes will also include a claim for attendant care benefits, which is also referred to as in-home nursing care. Given how serious the injuries can be from these types of automobile crashes, attendant care plays an important role in people’s ability to heal and recover if they need help with personal hygiene and activities of daily living due to their injuries.

What happens after fatal deer car accidents in Michigan?

When families lose a loved one in a fatal deer car accident in Michigan, the loved one’s dependents may be able to recover No-Fault survivor’s loss benefits. Survivor’s loss benefits are a special type of Michigan No-Fault benefits that are intended to help replace the financial support that a family’s loved one would have continued to provide had he or she survived.

Who pays to repair vehicle damage?

Unfortunately, there are only two options for who pays vehicle damage repair costs after deer car accidents in Michigan. If you have comprehensive car insurance coverage, then your insurer will pay once you pay the deductible. Otherwise, you will have to pay out-of-pocket for the repair costs.

Can I recover pain and suffering compensation?

No. Injured drivers cannot recover pain and suffering compensation after these types of automobile crashes because this type of recovery can only be made if a person’s injuries are the result of another driver’s at-fault, negligent driving. That is not possible with these types of automobile crashes.

How many deer car accidents in Michigan?

There were 51,103 deer car accidents in Michigan in 2020, resulting in 1,400 people being injured and 5 losing their lives. The highest number of car crashes involving deer occurred in November. The five counties with the most of these types of crashes were Oakland, Kent, Jackson, Ottawa and Lapeer.

Have you been injured in a car crash? Call Michigan Auto Law for a free consultation

If you have been injured in a car crash and you have questions about your legal rights to pain and suffering compensation, economic damages and auto No-Fault insurance benefits, you can call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our experienced car accident attorneys. You can also get help by visiting our contact page or you can use the chat feature on our website.

(Source: Michigan Traffic Crash Facts, 2020, Fact Sheets, “Deer”)

Michigan Deer Car Accidents: Are They Covered By Insurance?

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