Who Pays for Vehicle Damages When You Hit a Deer in Texas?
Hitting a deer while driving in Texas can be incredibly dangerous and cause serious damage to your vehicle as well as injuries to yourself and/or your passengers. Additionally, hitting a deer can leave victims wondering about who will pay for the damage to their vehicle. If you hit a deer while driving in Texas, your insurance may cover the cost of damages, depending on what coverage you have. If you pay for comprehensive coverage on your vehicle, which is a completely optional coverage, your auto insurance will cover the cost to repair or replace your vehicle up to its actual cash value. However, if you do not have comprehensive coverage, you will likely have to pay to repair the damage or replace your vehicle out of pocket.
What is Comprehensive Coverage?
Comprehensive insurance coverage is a type of optional auto coverage that protects against damage to your vehicle caused by events other than collisions with other vehicles. You can add comprehensive coverage to an existing insurance policy at any point; it is not a separate type of insurance. It is often referred to as “other than collision” coverage. Events that comprehensive coverage covers include theft, vandalism, glass and windshield damage, fire, accidents with animals, weather, and other acts of nature. Thus, if you hit a deer while driving and you have comprehensive coverage, your insurance will pay to repair the damage to your vehicle once you file your claim.
Does Comprehensive Coverage Pay for Medical Bills After Hitting a Deer?
Comprehensive coverage will only cover damage to your vehicle. However, insurance companies offer medical payments coverage and personal injury protection coverage that will help cover claims for medical bills after hitting a deer. Medical payments coverage, also known as MedPay, is an additional, non-mandatory coverage that can help pay for the medical expenses of you or your passengers after an accident, even if you are at fault. MedPay can cover the expenses of doctor visits, hospital stays, health insurance deductibles and co-pays, surgery, and funeral expenses.
If you do not have MedPay, the other coverage that may pay for medical bills after hitting a deer is personal injury protection (PIP), also known as no-fault insurance. Under Texas law, PIP coverage is required to be offered in all insurance policies, and the only way to not have PIP is if you deny PIP coverage in writing when buying your policy. PIP coverage is highly recommended because it will cover medical expenses and lost wages for you and your passengers if you are injured in a deer accident. Furthermore, PIP may cover disability and rehab costs and the cost of household services, such as childcare, house cleaning, or yard work. Additionally, PIP coverage protects you regardless of fault. However, although the accident may not have been your fault, your insurance company may raise your rates after you file a claim.
What Should I do if I Hit a Deer in Texas?
If you hit a deer while driving in Texas, it is important to take certain actions to ensure your and your passengers’ safety and support an insurance claim. Following the collision, you should ensure everyone’s safety and move the vehicle to a safe location off the road. Once you have gotten to a safe place, you should call the local police or game warden to report the incident and take pictures of the accident scene, your vehicle, and any injuries. The police report and your documentation of the accident can be very helpful for making an insurance claim. Once you’ve gathered documentation of the accident and the police report, contact your insurance to make a comprehensive coverage claim.
Is There a Penalty for Hitting a Deer in Texas?
In Texas, there is no legal penalty for hitting a deer while driving. If a deer jumps out in front of your car and you hit it, you will not receive a fine or be charged with a crime. Additionally, it is legal to hit a deer and drive off without notifying the authorities. However, it is recommended that you call the local police or game warden to notify them of the accident, as they will provide you with an accident report to send to your insurance when making your claim. If you do not get a police report, it may be difficult to prove your claim with your insurance company.
Furthermore, the Texas Transportation Code § 550.022 requires drivers in collisions that result in property damage to notify the authorities and stay at the scene. While the section does not specify that you must notify the authorities of deer accidents, failure to report a crash where there is property damage is a Class C misdemeanor if the damage is under $200, and a Class B misdemeanor if the damage is over $200. In Texas, a Class C misdemeanor is punishable by a fine of up to $500, and a Class B misdemeanor is punishable by up to 180 days in jail and a fine of up to $2,000. To be on the safe side, it is wise to report the crash and let the authorities tell you whether you need to wait at the scene for them.
Contact an Experienced Personal Injury Lawyer
If you have been injured as a result of a deer accident, contact our Houston personal injury attorneys. At Simmons and Fletcher, P.C., we’ve handled many different types of personal injury cases and can offer guidance in unique cases such as deer accidents. Our personable attorneys understand that hitting a deer can cause severe damage to your property and to you and your passengers, and we are here to help in any way we can. We can offer guidance during the difficult process of filing an insurance claim and collecting your PIP coverage. For a free consultation, call us at (713) 932-0777.
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