Do You Have To File a Police Report if You Hit a Deer?

Maybe you're on your way to work, heading out to meet friends, or just enjoying a drive through nature. Then, it happens: a deer darts into the road. Even though you swerve trying to miss it, you hit it with your vehicle.

What do you do now? Do you have to file a police report?

You'll likely be shaken up if you hit a deer, as you would after any auto accident. However, it's highly recommended you do your best to stay calm, act rationally, and follow post-accident laws and best practices to protect yourself and other motorists, which includes filing police reports.

In this article, we’ll cover how to file a police report after hitting a deer and tips to help keep you safe after the accident.

Filing a Police Report Depends on the State You Live In

In some states, deer collisions are almost unheard of, while in others, they’re unfortunately quite common. According to New York State's Department of Transportation, the state sees a whopping 60,000 to 70,000 deer-vehicle collisions per year!

There are hefty fines for not filing a police report after a collision with a deer in some states, so be proactive about learning your state's laws concerning animal collisions.

Top 5 At-Risk States for Hitting Wildlife

In states with a high deer population, you have a greater chance of hitting one with your vehicle. This is especially true in autumn during deer mating season. If you live or frequently travel through one of the following high-deer-population states, you should be extra vigilant about watching for deer while you're driving.

Pennsylvania

According to the Pennsylvania DOT, there were 5,581 deer-related crashes in 2020. These accidents caused 1,028 injuries and four deaths.

Under Pennsylvania law, animal collisions are no-fault accidents, so your insurance company cannot raise your premium for these crashes. These accidents fall under your comprehensive insurance coverage. In Pennsylvania, you only need to file a police report after hitting a deer if your vehicle is undriveable or if the collision results in a human injury or death.

Michigan

The Michigan State Police estimates their state is home to two million deer. There are an estimated 50,000 deer-vehicle collisions every year in the state. Your chances of hitting a deer are especially high during mating season. While it is not legally required to file a police report if you hit a deer in Michigan, doing so may save you some time when you're filing the claim with your auto insurance.

Texas

In 2020, the Texas Department of Transportation reported 6,772 statewide vehicle collisions with wildlife, most of which were deer. Texas Parks and Wildlife recommends calling them if the animal is still alive and calling the Texas Department of Transportation to remove the animal if it's dead. If you intend to file an insurance claim for vehicle damage, or if the collision results in human injury or death, you’ll need to file a police report if you hit a deer in Texas.

California

A study by The California Roadkill Observation System finds that between 2009 and 2020, there were 27,134 reports of animal-vehicle collisions. Of those reported collisions, 61% were attributed to mule deer.

While it's not required to file a police report for hitting a deer in California, drivers are encouraged to call the California Highway Patrol to deal with the deer compassionately if it's still alive but injured.

North Carolina

According to The North Carolina Department of Transportation, there were 18,607 deer-related vehicle crashes in 2020. The state’s abundance of rural roads and forested land make it a prime habitat for deer—and unfortunately, deer collisions. Deer-related collisions in North Carolina are highest during October, November, and December, with the vast majority of incidents occurring in November alone. If you hit a deer in North Carolina, you’ll need to file a police report if there’s a human injury or death or if you plan to file an insurance claim for vehicle damage.

Consequences of Not Reporting a Deer Accident

As mentioned above, some states require motorists to file a police report if they are in a collision with a deer, while others don't. The laws surrounding what to do when you hit a deer vary from state to state, as do the consequences of failing to report it. If you fail to report a deer collision in any of the following states, here are some of the consequences you can expect:

Georgia: If you hit a deer and the animal is lying on the side of the road, it is legal to drive off (if your vehicle is drivable). However, if the deer is in the middle of the road, you must file a police report so that the proper authorities can move the animal.
West Virginia: It's not uncommon for people to want to take a fresh deer carcass home for food. In West Virginia, if you hit a deer and want to keep it, you need to call 911, report the incident, and ask for a non-game tag for it. Taking a deer home without this tag is illegal, with heavy fines and a penalty of up to a year in jail. If you don’t want to take the deer home, you don’t have to file a police report and can leave the scene if your vehicle is drivable—although you do need to alert authorities if the deer is in the roadway.
New York: If you hit a deer in New York, filing a police report is mandatory if the resulting vehicle damage exceeds $1,000 or if you or a passenger suffer bodily injury. Failing to report can result in heavy fines, and even jail time.

6 Steps To Take After Hitting a Deer With Your Vehicle

Understanding your state's laws regarding deer-auto collisions will help you know when and how to file a police report if you hit a deer. But what other actions should you take, especially if there is vehicle damage? Here are six steps to follow immediately after a collision with a deer.

1) Move Your Car to Safety & Away From the Animal

If your vehicle is drivable, pull it over to the side of the road to minimize the chance of another motorist rear-ending you. Turn on your hazard lights for extra visibility. Stay away from the deer, as injured wild animals can be dangerous.

2) Inspect Your Vehicle for Damages

Assess the damage the collision caused. How much damage did your vehicle sustain? Was anyone hurt? Sometimes hitting a deer can cause serious personal injury and excessive vehicle damage, making it undriveable.

3) Call the Authorities

Don't just leave the scene, as you could be charged with a hit-and-run in states where filing a report for deer collisions is required. Dial 911, or the local police department, and explain what happened. You may need to answer some questions and provide them with your contact information. Then, they will send law enforcement out to file a police report.

4) Take Pictures and Document the Accident

Using your smart device or camera, snap photos of the scene from different angles. Photograph any resulting property damage, the deer, and all vehicles involved in the accident.

5) File an Insurance Claim Through Your Insurance Company

Call your insurance agent or insurer and tell them what happened. If your vehicle is damaged, open a claim. Your agent will be able to tell you what your insurance policy covers and provide information about your deductible. Most of the time, collision insurance will cover damage caused by hitting a deer.

6) Have Your Vehicle Towed or Drive Your Car to Your Destination

If your vehicle is too damaged to drive, call a tow truck. If the damage is minor and the car still runs safely, you can probably continue on to your destination. In states where filing a police report is required, you’ll need to wait for police to release you from the scene.

What To Do if a Wildlife Accident Results in a Multi-car Collision

Sometimes motorists swerve to avoid hitting a deer and may accidentally collide with another vehicle. If this happens to you, first make sure you and your passengers are safe. Then, check on the people in the other vehicle.

Be sure to file a police report if other motorists are involved in your deer-vehicle collision. This way, you have a third-party record of what happened, the damages and injuries sustained, and a determination of fault. Send the report to your insurer, and exchange insurance information with the other driver. If anyone in the other car is injured, you may also wish to discuss the incident with a personal injury lawyer. This helps ensure that you are well informed if the other motorist decides to pursue legal action.

Get Comprehensive Coverage Through Clearcover

Driving where there's a large wildlife population poses challenges and risks. Hitting a deer can cause extensive property damage and personal injury. Be sure to understand your state's laws about filing a police report after a deer collision. As always, reduce your chances of serious injury by practicing safe driving behaviors and wearing your seatbelt.

Hitting a deer with your vehicle can be stressful, but the experience can be much smoother with great insurance. At Clearcover, we offer car insurance coverage that's smarter, faster, and keeps you in the driver’s seat. Take control of your coverage and get a free, no-obligation quote today!