Car insurance pays for damage from hitting a deer when your policy includes comprehensive coverage. The Texas Department of Insurance lists hitting an animal as a comprehensive (other than collision) loss, so your comprehensive deductible applies, not your collision deductible. If you swerve and hit a tree, a guardrail or another car instead, the damage comes from that impact and is generally a collision claim, and a liability-only policy does not pay to repair your own car in either case.
Late fall is when this question comes up most in Central Texas. Here is why the risk rises now, which part of your auto policy responds, what happens to your rates, and what changes if the animal in the road is somebody's cow.
Deer are breeding. Texas Parks and Wildlife Department (TPWD) biologists studied the rut across the state, and in the Edwards Plateau, the Hill Country, breeding ran from as early as October 9 to as late as January 30. Peak breeding was November 7 in the eastern part of the region, November 24 in the central part and December 5 in the west (TPWD, The Rut in White-tailed Deer). Bucks move more during the rut, and more movement means more deer crossing roads.
The numbers are not small. Research performed for the Texas Department of Transportation found an average of 7,585 crashes a year involving wild or domestic animals reported to TxDOT, and 160 deaths in those crashes from 2010 to 2017. The researchers noted the real number is higher, because many animal strikes never get a police report (TxDOT project 0-6971 summary).
TDI's auto insurance guide breaks it down by coverage:
Two more points from TDI's guide. You pay your deductible on comprehensive and collision claims. And if you still owe money on your car, your lender requires both comprehensive and collision, so most financed vehicles already have the coverage that responds to a deer strike.
If the car is totaled, the insurer pays its actual cash value, which is replacement cost minus depreciation, not the price of a new one.
It cannot be the reason for a nonrenewal. TDI's guide says a company cannot refuse to renew your policy because you had claims for damage from hitting an animal.
Premium is a different question. TDI says auto companies can raise your premium for filing most types of claims, and you can lose a claim-free discount (TDI: Will my premium go up if I file a claim?). Before you file, compare the repair estimate to your comprehensive deductible.
Texas is still largely open range, and that changes who pays. Under Agriculture Code 143.102, an owner of a horse, mule, donkey, cow, bull, steer, hog, sheep or goat may not knowingly permit the animal to roam at large, unattended, on the right-of-way of a highway.
The Texas Supreme Court applied that standard in a case from State Highway 123 in Wilson County, where a pickup struck a bull that had escaped through a gate with a broken latch. On January 31, 2020, the court held that for collisions on state highways, the "knowingly" standard is the only one that applies, even in a county with a local stock law, and reinstated judgment for the bull's owner (Pruski v. Garcia). The court also pointed out the other side of the same law: a driver who hits an unattended animal on a highway is not liable to its owner unless the driver was grossly negligent or meant to hit it.
The practical result is that recovering from a livestock owner is hard. For most drivers, their own comprehensive and PIP coverage are what pay after an animal strike, whether the animal was wild or not.
If the vehicle is a company truck, the rules come from your business auto policy instead, which we covered in Do I Need Commercial Auto Insurance for My Business Vehicle in Texas?
Comprehensive. TDI lists hitting an animal as damage most policies cover under comprehensive coverage.
Yes, your comprehensive deductible applies.
Not damage to your own car. Liability pays for damage you cause to others. PIP can still help with medical bills.
That is generally a collision claim, because the damage came from hitting the tree. Collision coverage and its deductible apply.
TDI says a company cannot refuse to renew your policy because of claims for damage from hitting an animal. Your premium can still change.
The owner is liable only if they knowingly let the animal roam on the highway right-of-way. In most cases, your own policy pays.
TPWD's data puts peak Hill Country breeding between early November and early December, and breeding can run from October into January.
If you are not sure whether your policy carries comprehensive, or what your deductible is, we can look at it with you in a few minutes. Call 830-303-8300 or visit our auto insurance page.