We know it all too well driving on rural roads in the Mid-Hudson Valley: at night, deer can be your worst enemy. Even if you’re driving well below the speed limit in a well-lit area, a deer suddenly crossing the road can set off a cascade of split-second decisions that end in a major scare, or worse, a serious crash.
If the crash results in injuries that cause you to miss work and have costly medical treatment, then the question becomes, who pays? The deer obviously doesn’t have insurance. In this blog post, we’ll cover the prevalence of animal-caused car crashes in the Mid-Hudson Valley of Dutchess, Orange and Ulster County in New York, and the legal remedies that may exist for you and your loved ones after a crash.
What is the prevalence of animal-caused car crashes in New York State?
| Year | Dutchess | Orange | Ulster | NYS |
|---|---|---|---|---|
| 2014 | 779 | 1,520 | 814 | 23,221 |
| 2015 | 652 | 1,248 | 669 | 21,752 |
| 2016 | 713 | 1,448 | 832 | 22,912 |
| 2017 | 731 | 1,315 | 849 | 25,064 |
| 2018 | 1,005 | 1,594 | 1,028 | 33,147 |
| 2019 | 1,170 | 1,616 | 1,161 | 36,445 |
| 2020 | 1,015 | 1,427 | 1,143 | 33,964 |
| 2021 | 874 | 1,358 | 862 | 34,081 |
| 2022 | 853 | 1,633 | 950 | 36,743 |
| 2023 | 741 | 1,585 | 988 | 35,195 |
Animal crashes are common here, and they aren’t going away. In 2024, New York recorded 36,743 crashes involving an animal, about one every 15 minutes, and 1,630 of them injured someone. October, November and December are by far the worst months, and most of these crashes happen around dawn and dusk.
Orange County had more animal crashes than any other county in New York in 2024: 1,656, according to AAA’s analysis of preliminary state data. Ulster County ranked ninth with 1,079.
Does insurance cover hitting a deer in New York?
It depends on which coverage you have, and on whether you hit the deer or swerved to miss it.
- Liability insurance does not cover your own car. Liability pays for damage you cause to other people. If you carry only liability, the repairs to your car after a deer strike are on you.
- Comprehensive covers hitting the deer. Damage from striking an animal is normally paid under comprehensive coverage, minus your comprehensive deductible.
- Collision covers swerving into something else. If you swerved to avoid the deer and hit a tree, a guardrail or another car, that is usually a collision claim, with your collision deductible.
- No-fault covers injuries either way. Every New York auto policy includes at least $50,000 of no-fault coverage for medical bills and lost wages for the driver and passengers, no matter who or what caused the crash. Motorcyclists are the exception; see why no-fault doesn’t cover riders.
Is hitting a deer an at-fault accident?
Usually not, in the way insurers count it. New York’s insurance rules bar insurers from surcharging your premium for a comprehensive claim, so a deer strike paid under comprehensive should not raise your rates as an at-fault accident. An accident with $2,000 or less in total property damage can’t be surcharged either. Hitting a deer is not a traffic violation, so it doesn’t put points on your license.
How long do you have to report hitting a deer?
- To the police: call 911 if anyone is hurt or the car can’t be driven safely. If someone was injured, New York law requires a police report.
- To the DMV: if the damage to any one person’s property, including your own car, is over $1,000, file a Report of Motor Vehicle Accident (MV-104) within 10 days.
- To your insurer: notify them as soon as you can. If you were hurt, the no-fault application is due within 30 days of the crash.
Who is liable when an animal causes a crash?
It depends on the animal. Nobody is responsible for a wild deer, so a deer strike is usually an insurance question rather than a lawsuit. A pet or farm animal is different. If a dog owner doesn’t keep their dog under control, or a farmer lets horses or cattle get onto the road, and the animal causes a crash, the owner can be held responsible for the injuries.
Drivers are expected to use reasonable care to avoid animals on the road, too. Whether anyone is liable comes down to the provable facts of the crash.
Passengers injured in a crash with a deer
If you were a passenger, no-fault on the car you were riding in pays your medical bills and lost wages. Pain and suffering is a different question. You can claim it only if the driver was careless (driving too fast for a dark road, looking at a phone, or swerving into oncoming traffic) and your injury meets New York’s “serious injury” standard. That can be true even if you were riding in your own car with a friend or family member driving. The same goes if another driver swerved around a deer and into you: that driver’s insurance may owe you.
When to contact Mainetti & Mainetti about a crash involving an animal
A deer strike is a rider’s worst case. If you were hurt on a motorcycle, talk to our Newburgh motorcycle accident lawyer or our Poughkeepsie motorcycle accident lawyer.
Whether you’re a driver or a passenger, we can help you work through your options after an animal-involved crash in Dutchess, Orange or Ulster County. We offer free consultations at our offices in Kingston, Poughkeepsie and New Windsor. Contact us today.