Can You Get Money if You Were Injured When Your Car Hit a Deer?
Yes, if you had a car accident with a deer, moose, cow, or another large animal, you are entitled to No-Fault benefits in New York, and it is even possible to have a personal injury claim when you have an accident with a deer. You may be covered for the damage to your car under your comprehensive or collision coverage.
What Kind of Lawyer Do You Need for an Accident With a Deer?
Oh deer, don’t look for a deer accident lawyer! There’s actually no such thing as a deer accident lawyer (that we know of). But since we have been successful with deer accident cases, maybe we could be considered Deer Accident Lawyers!
A car accident lawyer or motorcycle accident lawyer would be the right lawyer if you were injured in an accident with a deer.
When You Should Call Us
If you were injured in an accident with a deer, you should call the personal injury lawyers in New York at 1-800-HURT-911® when you meet all three of these:
- You were injured, and
- You were a passenger in a car or a passenger on a motorcycle, and
- The accident occurred in New York State.
We may be able to get you some doe or a few bucks! No kidding, we can actually get you money to compensate you for your injury if you meet the three facts above.
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Can I Sue the Deer for a Deer Accident?
We would be more than happy to sue a deer when we find a deer with insurance, and we know how to find insurance! However, since we have not yet found a deer with insurance, we’ll file a claim with the driver’s insurance if you were a passenger.
I suppose if someone has a deer farm and one of their deer got out, there could be a personal injury case against the deer farm.
When You Don’t Need a Personal Injury Lawyer for an Accident With a Deer
- You were the driver in a car or the operator riding a motorcycle
Insurance That Will Pay You When You Have an Accident With a Deer
If you purchased Comprehensive Coverage on your insurance policy, you can file a comprehensive claim that will pay for the damage to your car.
If you swerved to avoid hitting a deer and hit another vehicle, tree, sign, or ran into a ditch, Collision Coverage will pay for the damage to your car if you purchased Collision Coverage.
Any car that hits a deer In New York State, even if the car is from out-of-state, has No-Fault coverage that provides various No-Fault benefits or PIP (Personal Injury Protection) benefits including payment for medical bills and lost wages or lost income for at least up to the New York State minimum of $50,000.
You may have additional PIP coverage above $50,000 if you purchased additional coverage.
Pain and Suffering
You may be entitled to get money for Pain and Suffering in the following types of accidents with a deer:
- If you were a passenger in the car that hit a deer.
- If one or more other cars were also involved in the accident, you may be able to get money for your injury.
We represented people who were passengers injured in a car when the car hit a deer and no other cars were involved.
We filed a claim against the insurance policy insuring the car and driver. This can be done even if the car was your own car because the car was being driven by someone else who is insured on your policy as long as the driver had permission to drive your car.
One of our clients was a passenger in her own car being driven by her boyfriend about midway between Buffalo and Rochester, NY. When her boyfriend hit a deer, she suffered a dental injury including a TMJ injury. Since her boyfriend was driving the car, he was insured by her insurance policy, and we made a claim against her boyfriend which was paid by her own insurance policy. We settled the claim for the entire insurance policy.
Should I Sue a Family Member or Friend for Hitting a Deer?
One question you might have is whether you should sue your boyfriend or girlfriend, brother or sister, husband or wife, or other family member or friend. This article tells you why it’s likely that the insurance premium will not increase just because you do and why you should.
Why is a Driver Responsible for an Accident With a Deer?
The driver may have been negligent in watching out for deer crossing the road. If you were a passenger injured in an accident with a deer, there is a good likelihood that we can show the driver was negligent and get money for you, even if you owned the car, just as long as you weren’t the driver.
Can You Get Money if You Were Injured When Your Motorcycle Hit a Deer?
If you had a motorcycle accident with a deer, you may be able to get money as outlined below.
If you purchased Comprehensive Coverage on your motorcycle insurance policy, you can file a comprehensive claim that will pay for the damage to your motorcycle.
Note: Motorcycles are almost always totaled.
If your motorcycle swerved to avoid hitting a deer and hit another vehicle, tree, sign, or ran into a ditch, Collision Coverage will pay for the damage to your motorcycle if you purchased Collision Coverage.
Note: Motorcycles are almost always totaled.
Motorcyclists and passengers on a motorcycle are not entitled to No-Fault benefits.
Pain and Suffering
If you were a passenger injured in a motorcycle accident with a deer, you can file a claim against the rider, even if you own the motorcycle.
Will My Insurance Go Up if I Have an Accident With a Deer?
One comprehensive claim for hitting a deer should not increase your insurance rate. However, it may increase when other things are looked at by your insurance company, such as tickets and other claims recently filed.
Phil Franckel is well-known in New York and has been a personal injury lawyer since 1989. He is a Founding Partner of 1-800-HURT-911, LLP®, the Personal Injury Dream Team™, and a former Member Board of Directors of the New York State Trial Lawyers Association. He has an Avvo Top 10 Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, Multi-Million Dollar Trial Lawyers Award, and others. See Mr. Franckel’s bio for areas of expertise.
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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.
Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.
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