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Hit a Deer in Minnesota? What to Do and Who Pays

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Hit a Deer in Minnesota? What to Do and Who Pays

Pull over somewhere safe, turn on your hazards, and check everyone for injuries. Call 911 if anyone is hurt.

Your comprehensive coverage pays for the damage to your car. Your Minnesota no-fault (PIP) coverage pays first for your injuries, no matter who was at fault.

Quick Facts

  • Minnesota law requires an immediate call to police only if someone is injured or killed (Minn. Stat. § 169.09, subd. 6).
  • Drivers no longer file their own crash report with the state. Minnesota repealed that requirement in 2021.
  • To keep the deer, you need a free possession permit (Minn. Stat. § 97A.502).
  • Comprehensive coverage, not collision, usually pays for damage from hitting a deer.
  • PIP covers up to $20,000 in medical bills and $20,000 in non-medical losses per person (Minn. Stat. § 65B.44).
  • Swerving into something else usually turns it into a collision claim.

What should you do right after hitting a deer in Minnesota?

Get off the road, turn on your hazard lights, and check yourself and your passengers. Call 911 if anyone is hurt or your car is blocking traffic. Stay away from the deer, even if it looks dead. Then take photos of the scene, the damage and the road before anything gets moved.

Next, work through this list:

  • Stay visible. Most deer crashes happen around dawn and dusk. Keep your hazards on and stand well off the lane.
  • Leave the deer alone. An injured deer kicks and thrashes. Let an officer handle it.
  • Photograph everything. Get the damage, the location, skid marks, nearby signs, and any fence or guardrail you hit.
  • Inspect the car. Look for leaking fluid, broken lights, a loose hood or bumper, and tires rubbing on bent metal. If anything looks wrong, call a tow.
  • See a doctor if you feel off. Neck, back and head injuries often show up hours later. Early records also make your no-fault claim easier.

Do you have to call the police after hitting a deer in Minnesota?

Only if someone is hurt or killed. Minn. Stat. § 169.09, subd. 6 requires you to notify police by the quickest available means: city police inside a city, the State Patrol on a trunk highway, or the county sheriff. If the deer damaged only your car, no call is required.

Two other rules come up:

  • You hit someone’s property. If you struck a fence, sign or guardrail on or next to the road, § 169.09, subd. 5 requires you to make a reasonable effort to notify the owner and to report the crash to a peace officer.
  • No driver report form. Minnesota drivers used to file their own written crash report in some cases. The legislature repealed that requirement effective July 1, 2021. Now the investigating officer files the crash report with the Department of Public Safety, and people involved in the crash can request a copy from Driver and Vehicle Services.

A non-emergency call is still worth making. The officer can direct traffic, deal with an injured deer, and give you a permit if you want to keep the animal.

Can you keep a deer you hit in Minnesota?

Yes, with a permit. Under Minn. Stat. § 97A.502, the driver whose vehicle killed the deer gets first priority for a possession permit, as long as the deer wasn’t taken illegally. The Minnesota DNR issues these permits at no cost. If nobody claims the deer, the road authority removes it.

DNR conservation officers run the program, and state and local law enforcement hand out the permits. Ask the responding officer, or call the county sheriff or a conservation officer. Get the permit before you load the deer.

Some parts of the state have chronic wasting disease (CWD) rules for moving and disposing of carcasses. Check the DNR’s vehicle-killed deer page before you transport or process the animal.

Does car insurance cover hitting a deer in Minnesota?

Yes, if you carry comprehensive coverage. Hitting an animal is usually a comprehensive loss, not a collision, and your comprehensive deductible applies. A liability-only policy won’t pay to fix your own car. Read your declarations page to confirm what you carry and what your deductible is.

Comprehensive is optional in Minnesota, so not every driver carries it.

Keep in mind that your car and your body are separate claims. Comprehensive handles the vehicle. No-fault handles your injuries.

Who pays your medical bills after a deer crash in Minnesota?

Your own no-fault coverage, called personal injury protection or PIP, pays first. Minn. Stat. § 65B.44 requires at least $20,000 per person for medical expenses and another $20,000 for non-medical losses like lost wages and household help. Fault doesn’t matter, and a deer crash is no exception.

The non-medical side includes:

  • Income loss: 85% of your lost gross income, up to $500 a week.
  • Replacement services: up to $200 a week for help with chores and tasks you can’t handle while injured. The day of the injury and the seven days after it don’t count.
  • Funeral and burial: up to $5,000.
  • Survivors’ benefits: weekly payments to dependents if someone dies.

Call your insurer, report the injury and ask for a no-fault application. Our guide to Minnesota no-fault benefits walks through the claim step by step.

What if you swerved to avoid a deer and hit something else?

Then the damage to your car is usually a collision claim, not comprehensive. If you missed the deer and hit a tree, ditch, guardrail or another car, your collision coverage and deductible apply instead. Your injuries still go through no-fault first.

Swerving also changes a few other things:

  • Another car means fault is in play. The other driver can make a claim against you, and you can make one against them if they helped cause the crash.
  • Hitting property triggers notice duties under § 169.09, subd. 5.
  • Evidence matters more. With no contact with the deer, photos, witness names and the police report show what actually happened.

The safer move in most cases is to brake hard and stay in your lane. Leaving the lane trades a deer strike for a rollover or a head-on crash.

When should you talk to an injury lawyer after a deer crash?

Most deer-only crashes don’t need a lawyer. Call one when another driver was involved, when your injuries are serious, or when your insurer denies or stalls your no-fault benefits. Those are the cases where your losses go beyond what PIP pays or where someone else shares the blame.

Minnesota limits claims for pain and suffering after car crashes. Under Minn. Stat. § 65B.51, subd. 3, you can bring that claim against an at-fault driver only if you have:

  • More than $4,000 in reasonable medical expenses (diagnostic X-rays and rehabilitation-only treatment don’t count toward it), or
  • Permanent injury, permanent disfigurement, death, or disability lasting 60 days or more.

When the only other party is a deer, there’s nobody to sue. When a deer sets off a crash with another vehicle, or a driver behind you rear-ends you after you brake, a fault-based claim is on the table. Our Minnesota car accident attorneys can review it with you.

FAQ

Does a deer claim raise my insurance rates?

Insurers generally don’t treat a comprehensive deer claim as an at-fault accident. Each company sets its own rating rules, so ask your agent how they handle it.

What if the deer ran off after I hit it?

If it’s injured and near the road, tell law enforcement. Don’t chase it. Your comprehensive claim works the same whether or not anyone finds the deer.

Does no-fault cover my passengers?

Yes. Each passenger has their own no-fault benefits. A passenger with auto insurance at home usually claims through their own household policy first. A passenger without one claims through the policy on the car they were riding in.

Talk With Sand Law, LLC

If you were hurt in a deer-related crash in Minnesota, we can explain how no-fault applies to you, review any denial, and tell you whether you have a claim against another driver. Call Sand Law, LLC at 651-291-7263 or reach us through sandlawllc.com.

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