Whos fault is it if you hit a deer in someone else's car?

Question

I was driving my friends vehicle the other night to the store. She was not present and I hit a deer on the left side of her car. They are trying to sue me! What do I Do?

Answer 1

Deer/animal hits are considered comprehensive claims, and are classified as non-fault for insurance purposes (as is fire, flood, vandalism, and all other comp claims.)

If you were driving her car, however, the honorable thing to do is pay for any damage that occurred while it was in your possession, regardless of fault. If she had comprehensive coverage, she can turn it into her company and you should offer to pay her deductible.

If she didn't, she'll have to pay for her own damages and apparently she's going after you for payment. However, it sounds to me like she doesn't believe you that it was a deer. True? Because why else has it gotten so nasty since the other night??

She has every legal right to pursue you for payment. That doesn't mean she'll win, it just means she has the right to try. Be aware if this makes it before a district justice or magistrate for small claims (think Judge Judy) it's pretty much a crapshoot who they'll find for - you, if you can prove it was deer/no-fault - or her, because you were in possession of the car.

You might want to reach a compromise with your friend before it gets ugly (uglier?) IF you have an auto policy of your own that has comprehensive coverage, it might be worth a call to your claims office to see if your policy allows for coverage while driving a non-owned vehicle. It's unusual, but some companies still have a clause for damage while "driving an uninsured auto" and it's fuzzy if uninsured means no insurance at all or no applicable coverage. But you would need comp on your policy first to even try that angle.

Good luck. Hope you and your friend can patch things up.

Answer 2

they , who is " they " ? . if the owner of the deer is trying to sue because of killing his livestock , he should be liable for neglecting and not keeping his deer where it should be . if it's the car dealers or your friends car , it's her fault for letting you use it . do you have a license or had you been drinking ? if it's a no and a yes , than you don't have to pay nothing because it's her or his fault for letting you drive in the first place . get counseling from a lawyer and see what they tell you . i hope that helped a little .

Answer 3

If someone gives you permission to drive their car they are taking the responsibility of your actions in that car. If they did not trust you they should not let you drive their car. Since this was a "no fault" accident then their insurance sould cover the damages. If they don't have insurance you can sue them for not informing you of that fact before they allowed you to drive their car. Also, if you received any bodily injury as a result of the accident you can sue them for medical reasons.
I wouldn't consider them friends if they are so stupid as to try to sue you for a no fault accident.

Immdeiately contact a paralegal and find out what your rights are and if they think you have a case against the owner of the car you file suit first or counter suit if they have filed first. Then let the lawyers/paralegals hash it out. It will probably end up nil. (Not responsible for damage).

Good luck mate,

Answer 4

whomever is driving the car is the one responsible for whatever acts or accidents occur, it is your responsibility to be paying attention and if you do not have auto insurance of your own then you will have to pay out of pocket, their insurance is only responsible if you do harm to another vehicle or person while driving with or without their permission, but hitting inanimate objects or animals is yours since an animal cannot be held at fault for crossing the road and that is generally why they have crossing signs in areas where wild animals are known to possibly jump out in the way and why you are supposed to pay attention and be ready to react and in the event you do not have time to react and avoid then you are responsible for any damage that occurs while the vehicle is in your possession

much like you borrow and outfit and stain or tear it, the owner did not do it so they should not have to pay to replace or clean it, the borrower should do that for them in good faith if nothing else so you borrowed the car, you hit the deer so you need to pay up for the damages

Answer 5

Well, it depends what state you are in. According to my insurance company, the insurance on the car is responsible. So whoever owns the car, their insurance is responsible for the damage. I know cause I have a company truck that is on company insurance and I asked my ins if I had awreck while using the company truck which insurance would have to pay. I was told the companys insurance.

And stop hitting deer.

Answer 6

If you were the driver and you hit the deer, then the obvious factor tells me that it's your fault. However, since it was your friend's car, maybe her insurance might pay up instead.

Just out of curiosity, who's "they"? The rest of the deers are suing you for hitting one of their own? ;-)

Answer 7

All your fault because they can't recover dollar damages from the deer.

The replier immediately after this one offers you no truth. Just a lot of baloney.

Answer 8

The most reasonable thing you can do is kill and eat the family. Another route would be to find a backwoods pond and sink the bodies in their. wrap them in sheets and strap dive belts around them so when they bloat up they dont float. Before you do this make sure your friend writes up a phony note that she cant take it anymore and she hates her family. that way it looks like she did it. This is the only way this problem will leave.

Answer 9

Well you're basically screwed because the accident will be no one's fault but your own because you were behind the wheel. If you do get sued, get a lawyer and get in contact with your insurance agency.

Answer 10

It's the deer's fault,but she should have insurance.