What to Do After a Car Accident With a Deer in West Virginia

West Virginia drivers hit more deer than drivers anywhere else in the country. State Farm has ranked the state first for animal collisions for more than a decade, and its most recent analysis puts the odds at 1 in 40 here, against 1 in 139 nationally.

That means that if you were recently hurt in a car accident involving a deer, you are far from alone. What matters now is taking the right steps, including getting off the road safely, knowing who you have to notify, and understanding which part of your policy pays.

Most deer strikes end as a vehicle damage claim. Some end as injury claims, usually when a driver swerves and a second vehicle gets pulled in. This page covers both, and our West Virginia car accident lawyers can walk you through either one. Contact us to schedule a free consultation.

Steps to Take Right After You Hit a Deer

Handle safety first. The paperwork can wait a few minutes.

Important steps to take include:

• Pull off the road. Move onto the shoulder, out of the travel lane, and turn on your hazard lights before you open a door.
• Check everyone in the car. Ask about neck pain, headaches, and dizziness, not just visible cuts. Call 911 if anyone is hurt.
• Stay away from the deer. A wounded animal can kick hard enough to break bones. Only law enforcement or a natural resources police officer should put down an injured deer.
• Photograph everything. Vehicle damage from several angles, the position of the animal, skid marks, the roadway, and any deer crossing signs nearby.
• Trade information. If another vehicle was involved, exchange insurance details and get names for any witnesses before people drive away.

Do You Have to Report Hitting a Deer in West Virginia?

Three separate rules get tangled here. Notifying law enforcement, keeping the animal, and clearing the carcass are different obligations.

Notifying Law Enforcement

Under W. Va. Code § 17C-4-6, a driver in a crash that causes injury, death, or apparent property damage of $1,000 or more must notify law enforcement immediately. Deer strikes at highway speed clear that threshold more often than people expect once a hood, radiator, and airbag are involved.

Call municipal police inside city limits. Outside them, call the county sheriff or the nearest West Virginia State Police detachment. Even when damage looks minor, the report becomes the record your adjuster asks for later.

Keeping the Deer

West Virginia does let you keep a deer you hit. Under § 20-2-4(e), you have to give notice to a law enforcement agency within 12 hours and obtain a nonhunting game tag within 24 hours of taking possession. Protected birds, elk, spotted fawn, and bear cubs cannot be claimed. Tags come from the West Virginia Division of Natural Resources district office.

Reporting a Carcass or Road Hazard

Carcass removal runs through the West Virginia Division of Highways, not the police report. The agency takes road hazard reports by hotline and online form, and crews clear the animal so the next driver is not swerving around it after dark.

How Insurance Works After a Deer Collision in West Virginia

Comprehensive Coverage vs. Collision Coverage

Comprehensive coverage pays for animal strike damage. Collision coverage does not, which catches drivers off guard, because hitting a deer certainly feels like a collision. If you carry liability only, there may be no coverage at all for the damage to your own vehicle.

You still owe your deductible. A deer strike is generally handled as a not-at-fault comprehensive claim rather than an at-fault accident, though filing can still affect a claim-free discount depending on the insurer. If the repair estimate sits close to your deductible, ask before you file.

Injuries run on a separate track from vehicle damage. Medical payments coverage helps with early bills if you carry it, and your health insurance covers treatment. Uninsured and underinsured motorist coverage matters when another driver contributed, because West Virginia is an at-fault state and not a no-fault state. There is no automatic pool of money for injuries here. Someone has to be responsible.

When an insurer stalls a comprehensive claim, undervalues the vehicle, or denies it outright, that is a separate problem with its own remedies. Our team handles bad faith insurance claims when a company stops dealing fairly with its own policyholder.

Rental Cars and Out-of-State Drivers

The claim follows the policy, not the state line. If you live in Ohio, Maryland, or Virginia and hit a deer on I-79 or I-81, you file the damage claim with your own insurer under your own comprehensive coverage, and any injury claim follows West Virginia law because the crash happened here.

Rentals add a layer. The rental company can bill you for the damage and for loss of use while the vehicle sits in a shop. Check whether your personal policy extends to rentals and whether the credit card you booked with carries collision damage coverage.

When a Deer Crash Is Someone Else’s Fault

A deer cannot be sued. A driver can. That distinction is where these cases actually live.

A driver who yanks the wheel to miss a deer and crosses the center line made a driving decision, and so did the driver who was traveling at 70 mph through a wooded stretch at dusk in November. If you were a passenger in that vehicle, you may have a claim against the driver, even someone you know well. If you were in the vehicle they hit, the same rule applies.

Chain reaction crashes work this way too. The deer strike itself might do nothing worse than bend sheet metal. The pickup following too closely is what breaks ribs.

West Virginia uses modified comparative fault. Under § 55-7-13c, your own share of fault reduces what you recover, and it bars recovery only when your fault is greater than the combined fault of everyone else responsible. Insurance companies know that rule well and lean on it, arguing you were speeding or distracted so your percentage climbs.

The deadlines are short. A personal injury claim generally must be filed within two years of the crash under § 55-2-12. A wrongful death claim generally must be filed within two years of the date of death under § 55-7-6.

Injuries Deer Collisions Cause

An adult white-tailed deer weighs enough to come through a windshield. Even when the animal stays outside the car, the sudden stop and the airbag do their own damage.

Injuries we see in these crashes include:

• Whiplash and Neck Strain: Highway speed to a dead stop in a fraction of a second.
• Facial and Eye Injuries: Windshield glass and airbag deployment at close range.
• Traumatic Brain Injuries: A head strike against the window, door frame, or steering wheel.
• Spinal Cord Injuries: Most often in rollovers or fixed-object impacts after a swerve.
• Broken Wrists, Ribs, and Sternum Fractures: From the steering wheel and the seat belt.
• Internal Injuries: Rarely obvious at the scene, which is the reason evaluation matters.

Get checked the same day even if you feel fine. Adrenaline masks symptoms for hours, and a traumatic brain injury or spinal cord injury can look like soreness at first. A treatment gap also gives an insurer room to argue your injuries came from something else.

Where and When Deer Crashes Happen in West Virginia

Deer are on the move most in October, November, and December, with November the worst month of the year for deer-related crashes.

Bucks roam during the rut and pay no attention to traffic, and a second, smaller spike arrives in spring when fawns start moving on their own. Dawn and dusk are the dangerous hours, and the risk climbs once daylight saving time ends and the drive home happens in the dark.

Geography does the rest. I-79 runs through Marion, Harrison, and Monongalia counties with treeline close to the shoulder for long stretches. I-68 east of Morgantown, US-50, US-19, and US-250 cut through the same country, as do the two-lane routes around Fairmont, Bridgeport, and Grafton.

In the Eastern Panhandle, I-81 carries heavy freight and commuter traffic past farmland and woodlots, and our Martinsburg car accident lawyers see the same pattern on WV-9 and US-11 around Martinsburg and Charles Town.

When these crashes cause serious injuries, patients head to J.W. Ruby Memorial Hospital in Morgantown, the region’s Level I trauma center, or to United Hospital Center in Bridgeport and Berkeley Medical Center in Martinsburg.

Frequently Asked Questions

Do I Have to Call the Police if I Hit a Deer in West Virginia?

Usually, yes. W. Va. Code § 17C-4-6 requires notice to law enforcement when a crash causes injury, death, or apparent property damage of $1,000 or more, and most highway-speed deer strikes reach that figure. Call local police inside city limits, or the county sheriff or State Police outside them.

Does Insurance Cover Hitting a Deer in West Virginia?

Comprehensive coverage does. Collision coverage does not apply to animal strikes, and a liability-only policy covers nothing on your own vehicle. You pay the deductible and your insurer covers the rest of the repair.

Will a Deer Claim Raise My Insurance Rates?

It generally is not treated as an at-fault accident, so it usually does not carry the same surcharge. It can still cost you a claim-free discount, so ask your agent how your policy handles animal claims before you file.

Am I at Fault if I Hit a Deer?

Not for the deer. Nobody owns it and nobody is liable for where it runs. You can be responsible for injuries to other people if you were speeding, distracted, or impaired, or if you swerved into another vehicle.

Can I Keep a Deer That I Hit With My Car in West Virginia?

Yes, with two steps. Under § 20-2-4(e), you must notify a law enforcement agency within 12 hours and obtain a nonhunting game tag within 24 hours of taking the animal. Protected birds, elk, spotted fawn, and bear cubs cannot be claimed.

What if I Swerved to Miss a Deer and Hit Another Vehicle?

Then fault is on the table. Swerving into another lane is a driving decision, and people hurt in that second collision can bring claims. Your liability coverage responds, and your own injuries may be covered depending on the policies involved.

What Should I Do if I Hit a Deer in a Rental Car?

Report it to the rental company and your own insurer right away. The rental agreement may charge you for damage and for loss of use during repairs. Your personal policy or the credit card you booked with may cover part of that.

What if I Live in Another State and Hit a Deer in West Virginia?

File the damage claim with your own insurer under your own comprehensive coverage. An injury claim follows West Virginia law because the crash happened here, and the state filing deadline applies to you the same as to a resident.

How Long Do I Have to File a Claim After a Deer-Related Crash?

Generally two years from the crash for a personal injury claim under § 55-2-12, and two years from the date of death for wrongful death under § 55-7-6. Your insurance policy sets its own, much shorter notice deadlines, so report the crash promptly.

Our Team Can Help After a Deer Crash in West Virginia

Most deer collisions never need a lawyer. The ones that do need a lawyer tend to involve a second vehicle, a real injury, or an insurance company that stopped returning calls.

If your crash falls into that group, the car accident lawyers at Manchin Injury Law Group can look at it with you and explain where fault sits, what coverage applies, and whether a claim is worth pursuing. That conversation costs nothing.

We have offices in Fairmont, Morgantown, and Martinsburg, and we can come to your home or your hospital room when getting to us is not realistic. Our No Fee Guarantee® means you owe no attorney fee unless we recover money for you.

Get More with Manchin. Contact us for a free consultation and tell us what happened.