Deer collisions are a serious hazard in New Jersey, particularly along major highways like I-80 and I-287. With deer strike season upon us, it’s essential for drivers to know their rights, insurance coverage, and the types of protection available in case of a collision. In this article, we’ll explore who is responsible for paying the costs after a deer-related accident, how your Personal Injury Protection (PIP) can cover injuries, and how collision coverage and Uninsured/Underinsured Motorist (UM/UIM) insurance can protect you financially.
Understanding Deer Strike Season in New Jersey 
Deer strikes are a known danger on New Jersey’s roadways, particularly during the fall and winter months when deer are more active. The prime season for these accidents typically spans from October through December, with the peak in November. The New Jersey Department of Transportation (NJDOT) reports a significant uptick in collisions involving wildlife during these months, especially in areas with dense deer populations near forests and suburban developments.
Highways such as I-80 and I-287, which run through rural and wooded parts of New Jersey, are notorious for deer strikes. Drivers may find themselves suddenly faced with a deer crossing the road at dusk or dawn, when visibility is lower and deer are more likely to roam. Even though these accidents are often unavoidable, understanding how to handle the aftermath, including insurance coverage, can make the process less stressful.
What Happens After a Deer Collision? Who Is Responsible for Paying?
If you hit a deer in New Jersey, the responsibility for covering the costs of damages depends on your insurance policy and the specific circumstances of the crash. Several factors come into play, including the type of coverage you have, the severity of injuries, and whether you have collision insurance or Personal Injury Protection (PIP).
Personal Injury Protection (PIP) Coverage in NJ
New Jersey is a no-fault insurance state, meaning that if you’re injured in an accident—whether or not it’s your fault—you will first turn to your Personal Injury Protection (PIP) coverage to pay for your medical expenses, lost wages, and other related costs. PIP coverage is designed to provide immediate assistance after an accident, and it will cover medical bills for you and your passengers regardless of who caused the accident.
For deer-related accidents, if you sustain injuries from hitting a deer, your PIP insurance will typically cover medical treatments, such as emergency room visits, doctor’s appointments, rehabilitation, and other related costs. However, if you need more coverage than PIP provides for your medical expenses, you may have to turn to your health insurance, or you might need to file a claim under your collision coverage (which we’ll discuss next).
PIP coverage also pays for lost wages if you’re unable to work due to injuries from the collision. However, there are limits to how much PIP will pay, and it’s important to understand the details of your policy—specifically your PIP limits—before assuming coverage.
Collision Coverage: How It Helps with Vehicle Repairs
Collision coverage is an optional insurance policy that helps cover the costs of vehicle repairs if your car is damaged in a crash. This includes accidents caused by hitting a deer. If your car suffers damage after a deer strike, collision insurance will pay for repairs (or replacement) up to the policy limit, minus your deductible.
Mr. Freeman represented me in a child custody case during the beginning of difficult times of Covid. As a father, I was at first worried about what the outcome of the case Maybe. However, Mr. Freeman assured me he would get me my rights. Thanks to knowledgeable Mr. Freeman and his professional staff, I was granted my rights. Cindy & Mr. Freeman were able to answer all my questions without delay. Highly recommend! SAM BEAST If you need a great family lawyer I recommend the freeman law center without hesitation. My life was a complete shambles because of the divorce I had to go through I didn’t know that i could feel so bad. The efforts that I received from Brian was outstanding and I can’t put in words how much I appreciated the way I was treated by his staff. Their slogan “Quality and Commitment” was not just words it was action. RON THATCHER
Collision insurance is valuable in situations like deer accidents, where the damage to your car may not be covered under other types of insurance. For example, if you do not have comprehensive coverage, which covers damage from things like weather or animals, collision coverage is your safety net. Without it, you could be left with significant repair costs to pay out of pocket.
One thing to keep in mind is that collision coverage is optional. If you have a comprehensive policy (which covers a wide range of potential damages), hitting a deer might fall under that. But if you only have liability insurance or no collision coverage, you’ll be responsible for paying the repair costs yourself.
Uninsured/Underinsured Motorist (UM/UIM) Insurance: What’s the Link to Deer Collisions?
In cases where the accident results in bodily injury and the at-fault party is either uninsured or underinsured, your Uninsured/Underinsured Motorist (UM/UIM) coverage can come into play. While UM/UIM is typically associated with accidents involving other vehicles, it can also be useful in certain wildlife-related crashes.
Let’s say you hit a deer, and while your vehicle is damaged, you also suffer significant injuries, such as broken bones or whiplash. If the deer collision occurs and a driver is involved in the accident as well, UM/UIM could help pay for any medical expenses or lost wages that exceed what your PIP insurance covers. This is particularly helpful if the other driver involved doesn’t have adequate coverage or if you’re hit by a vehicle while driving and hitting the deer.
Furthermore, if the deer accident results in injuries to pedestrians or passengers who are not covered by their own PIP, UM/UIM could help ensure that these individuals are also protected financially.
What If I Don’t Have Collision Coverage or PIP?
If you don’t have collision coverage or PIP insurance, the financial burden of a deer collision will fall solely on you. Without these coverages, you’ll need to pay for your vehicle’s repairs and your medical bills out of pocket.
In New Jersey, it’s especially important to have collision insurance, particularly during deer strike season. Without collision or PIP, a deer-related accident could result in hefty out-of-pocket costs, which can become financially draining.
Even if you’re covered under liability insurance or you’re involved in an accident that’s technically considered “at-fault,” New Jersey law can still offer some protection. But it’s important to understand the limitations of your insurance policy and to evaluate your needs, especially if you’re living in a high-risk area for wildlife accidents.
Tips for Preventing Deer Strikes in NJ
While avoiding a deer strike can sometimes be impossible, taking proactive steps can help you minimize the risk. Here are some tips to help keep you safe during deer strike season:
- Stay Alert During Peak Hours: Deer are most active at dusk and dawn. These are the times when they’re most likely to cross the road unexpectedly, so exercise extra caution during these hours.
- Use Your Headlights: If you see a deer on the road, use your headlights to alert it. High beams are especially effective in rural areas with little lighting, but be sure to dim them when approaching other vehicles to avoid blinding other drivers.
- Avoid Swerving: While it’s natural to want to swerve to avoid hitting a deer, doing so can result in a much more dangerous crash, either with another vehicle or by sending you off the road. It’s better to brake and keep your vehicle under control.
- Watch for Deer Crossing Signs: Many areas along highways like I-80 and I-287 have deer crossing signs. These are areas with higher deer populations, so reduce your speed and remain extra cautious when passing these signs.
If you’re involved in a deer strike accident and need assistance with your insurance claims, it’s always wise to consult with an experienced New Jersey car accident attorney. Freeman Law Center, LLC specializes in handling auto accidents, including those caused by wildlife strikes.
A lawyer can help you understand your insurance policy, file claims, negotiate with insurance companies, and protect your legal rights. If you’ve been injured or your property is damaged, contact Freeman Law Center, LLC today for a free consultation and let us help you navigate through the complexities of your claim.