After hitting a deer in Virginia, get safe, call 911 if anyone is hurt or the vehicle is in the road, and photograph everything. If you want to keep the deer, Virginia law requires you to report it immediately to a conservation police officer or other law-enforcement officer (Va. Code § 29.1-539). Then open the claim with your own insurer.
Pull over somewhere safe and turn on your hazards. Don't approach an injured animal. Call 911 if anyone is hurt or if the animal or your vehicle is blocking traffic. Photograph the vehicle, the animal, the road and any fluid leaks before moving anything, if it's safe to do so.
Under Va. Code § 29.1-539, a driver who collides with a deer, bear, turkey or elk may claim the animal at any time of year, but must immediately report the accident to a conservation police officer or other law-enforcement officer in that county or city. The officer views the animal and gives you a call-for-service or report number. That number is also useful for your insurance claim.
An animal strike is usually handled under comprehensive (other-than-collision) coverage on your own policy, not collision, though your policy wording controls. If you swerved to avoid the deer and hit something else, the insurer may treat it as a collision. Ask your insurer which coverage it's using and what deductible applies.
Deer strikes often damage more than the bumper cover: headlamps, grille, radiator and condenser, sensors and cameras for driver-assist systems, hood and fenders. A photo estimate may not catch everything. Virginia law requires a personal inspection for disputed repairs (Va. Code § 38.2-510).
Because a deer strike is a first-party claim on your own policy, the policy's appraisal clause usually applies if you and the insurer disagree on the amount of loss. Diminished value is generally not paid on your own policy, since most policies exclude it.
Three sides to every claim. I've worked all of them. Geoffrey C. Albach has spent 33 years in the industry as an independent appraiser, a former insurance staff adjuster, and a collision repair operations director.
By Geoffrey C. Albach, independent auto damage appraiser · About Geoff
Related guides: Virginia's appraisal clause · Should I Accept the Insurance Company's Estimate? · What Documents to Gather for an Auto Damage Claim · All guides
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If you want to claim the animal, Va. Code § 29.1-539 requires you to immediately report it to a conservation police officer or other law-enforcement officer. Call 911 any time someone is hurt or the road is blocked.
It's usually covered under comprehensive, but your policy wording controls. Ask your insurer which coverage and deductible apply.
Usually, yes. It's a first-party claim, so your policy's appraisal clause typically applies to a disagreement over the amount.
Usually not, since there's no at-fault driver and most policies exclude diminished value on your own claim.
General information, not legal advice. Talk to a Virginia attorney about your specific claim.
Call or text Geoff at 434-665-6059. Lynchburg, VA.
