A deer darting onto the roadway can cause a terrifying accident in an instant. What you do immediately after such a collision can affect your ability to recover for damages and injuries. Deer-car accidents can lead to serious or even catastrophic injuries, far beyond what many expect from an animal collision. Without the assistance of a knowledgeable Michigan deer-car accident lawyer, you may struggle to get the compensation you need from your insurance company for vehicle repairs, medical bills, and lost income.
At The Joseph Dedvukaj Firm, P.C., we represent individuals across Michigan who have been involved in deer-related auto accidents. We understand the nuances of Michigan’s No-Fault insurance laws and how they apply to these specific situations.
If you’ve been in an accident involving a deer, contact our office for a free, no-obligation consultation to discuss your options.
Understanding Your Rights After a Deer-Car Accident
Deer-car accidents are unfortunately common in Michigan, especially during dawn, dusk, and nighttime hours in rural and suburban areas. While often considered “no-fault” in terms of driver blame for the deer’s presence, navigating the insurance claim process can be complex.
Key considerations in deer-car accident claims include:
- Vehicle Damage: Typically, damage to your vehicle from hitting a deer is covered under the comprehensive portion of your auto insurance policy. We can help if your insurer is undervaluing your claim or denying coverage.
- Personal Injuries: Under Michigan’s No-Fault system, your own Personal Injury Protection (PIP) benefits are your primary source for covering medical expenses and lost wages, regardless of who or what caused the accident. Injuries can range from whiplash and broken bones to more severe conditions like traumatic brain injuries.
- Accidents Caused by Swerving: If a driver swerves to avoid a deer and hits another vehicle or object, the claim may fall under collision coverage, and fault might be assessed differently.
- Passenger Injuries: Passengers injured in a deer-car accident also have rights to No-Fault PIP benefits. How passengers get paid after a Michigan car accident can be complex, and we can clarify the process.
- Wrongful Death: In the tragic event that a deer-car collision results in a fatality, surviving family members may have recourse through a wrongful death claim.
It’s crucial to understand that even if you believe the accident was unavoidable, your insurance company might still try to limit their payout. An experienced lawyer can protect your interests.
Determining Fault and Coverage in Deer-Related Collisions
In most deer-car accidents, the driver is not considered “at fault” for the deer being on the road. It’s often viewed as an unavoidable hazard or an “act of God.” However, fault can become a factor if:
- A driver’s negligence (e.g., excessive speeding in a known deer-crossing zone, or being distracted) contributed to the inability to avoid the deer or to the severity of the crash.
- A driver swerves to avoid a deer and causes a collision with another vehicle or object due to a negligent maneuver.
- In rare cases, another party’s negligence might contribute (e.g., if livestock escapes an improperly maintained enclosure and causes an accident).
Primarily, claims will involve your own insurance company for PIP benefits (for injuries) and comprehensive coverage (for vehicle damage directly from the deer) or collision coverage (if you hit something else while avoiding a deer). Understanding your Michigan auto insurance policy is key.
Statute of Limitations for Deer-Car Accidents in Michigan
Michigan law provides up to three years to file a lawsuit related to a car accident, including those involving deer. This statute of limitations means you have three years from the accident date to initiate a legal claim, typically against an insurer for unpaid benefits or, in rare cases, against a negligent third party.
More urgently, under Michigan’s No-Fault insurance system, you must file an application for PIP benefits with the correct auto insurance company within one year of the accident date. Failure to meet this one-year deadline can result in a complete denial of your injury benefits.
How a Deer-Car Accident Attorney Can Help You
Even if fault seems straightforward, dealing with insurance companies after a deer-car accident can be frustrating and complex. An experienced attorney from The Joseph Dedvukaj Firm, P.C., can provide critical assistance:
- Evaluate Your Case and Coverage: We will thoroughly review your insurance policies (PIP, comprehensive, collision) to determine all available coverage for your injuries and property damage.
- Handle Insurance Companies: We will manage all communications and negotiations with your insurance company, fighting against claim denials, delays, or lowball settlement offers for your vehicle or injury benefits.
- Ensure Fair Valuation of Vehicle Damage: Insurance companies may try to undervalue your vehicle or push for substandard repairs. We advocate for fair market value or proper repairs.
- Maximize Your PIP Benefits: We ensure you receive all entitled No-Fault PIP benefits for medical expenses, wage loss, and replacement services.
- Protect Your Rights: We work to protect you from unfair claim tactics and ensure your rights under Michigan law are upheld.
- Guide You Through the Process: The claims process can be confusing. We will guide you every step of the way, ensuring you understand your options and can make informed decisions.
- Investigate Complex Scenarios: If another party’s negligence contributed (e.g., another driver forced you to swerve, or an unsafe road condition existed due to a road defect), we can investigate potential third-party liability.
Injured or Suffered Damage in a Deer-Car Accident in Michigan? Contact Our Office.
Were you involved in a car accident with a deer in Michigan? Contact our office to speak directly to a Michigan auto accident lawyer. All consultations are provided at no cost and without obligation to retain our services.