Reviewed by Larry Forman, Attorney
Fall is deer season on Kentucky roads. The Kentucky Transportation Cabinet reports 3,411 deer collisions statewide in 2025, the most in seven years, and nearly half happened in October, November and December. A deer crash in Kentucky is unusual in one way: there's often no other driver to blame. That changes who pays, and when another person may be responsible after all.
This guide explains how insurance works when you hit a deer, what happens when someone swerves to avoid one, and what to do at the scene.
When and where deer crashes happen
The numbers come from the Kentucky Transportation Cabinet's Sept. 29, 2026 release, which is based on Kentucky State Police data:
- November is the peak. It had 823 crashes in 2025, followed by October (394) and December (330).
- Dusk is the riskiest time. The most crashes were reported between 6 p.m. and 8 p.m.
- They're getting more common. Deer crashes have risen every year since 2020, up 18.2% over five years.
- They can be serious. No one was killed in a deer crash in Kentucky in 2025, but 30 people were seriously injured. In 2024, State Police counted 3,397 deer collisions and six deaths (2024 Kentucky Traffic Collision Facts).
Louisville isn't immune. The Cabinet's county data lists 47 deer crashes in Jefferson County in 2025, including on I-265, I-71, US 42 and Taylorsville Road, plus dozens more in neighboring Oldham, Shelby and Bullitt counties.
The Cabinet's advice: watch closely at dawn and dusk, use high beams when no one is coming, brake firmly, and don't swerve. Swerving can turn a deer strike into a head-on crash or a crash into a tree.
Does car insurance cover hitting a deer?
It depends on what coverage you bought. Kentucky requires liability coverage of at least $25,000/$50,000/$25,000 (KRS 304.39-110) and no-fault benefits. Liability coverage pays for damage you cause to others, not for your own car.
- Comprehensive ("other than collision"). Most auto policies list hitting an animal under comprehensive. If you have it, it typically pays for your car's damage minus your comprehensive deductible.
- Collision. If you swerved and hit a guardrail, a tree or another car instead of the deer, many policies treat that as a collision, which can carry a different deductible.
- Neither. If you carry only the state minimums, the damage to your own car usually isn't covered. Lenders generally require comprehensive and collision on financed or leased cars.
Read the "physical damage" section of your policy or ask your agent how your policy classifies animal strikes. The wording varies by policy.
Who pays your medical bills after a deer crash in Kentucky?
PIP pays first, regardless of fault. Kentucky's no-fault law looks to the insurance on the vehicle you were riding in (KRS 304.39-050). Basic PIP covers up to $10,000 per person for medical bills, lost wages and similar losses. Your passengers can claim PIP too. See how Kentucky PIP works and the 2026 PIP changes.
After PIP, health insurance usually picks up. If the crash really was just you and a deer, there may be no one to bring an injury claim against. But that isn't always the whole story.
Motorcyclists: a deer strike on a bike is far more dangerous, and PIP rules for motorcycles are different. See our Louisville motorcycle accident lawyer page.
When another driver is responsible
Deer crashes often involve more than one vehicle. Common situations include:
- A driver swerves into your lane. If another driver jerked the wheel to avoid a deer and hit you, the question is whether they acted reasonably. Kentucky requires drivers to operate "in a careful manner, with regard for the safety… of… other vehicles" (KRS 189.290(1)). Speed, distraction and following too closely all matter.
- You stopped for a deer and got rear-ended. A driver behind you generally must leave enough room to stop. See rear-end collisions.
- You were a passenger. If the driver you rode with was speeding, distracted or swerved unreasonably, you may have a claim against that driver's liability insurance. That includes a friend or family member. See passenger injury claims.
- The at-fault driver is uninsured or underinsured. Your own uninsured or underinsured motorist coverage may apply.
To recover pain and suffering from an at-fault driver, Kentucky's no-fault law generally requires more than $1,000 in medical expenses, or an injury such as a fracture, a permanent injury or disfigurement (KRS 304.39-060). Fault is compared under Kentucky's pure comparative fault rule, so a driver who claims you share the blame can reduce your recovery but not automatically eliminate it.
What to do after hitting a deer
- Pull off the road if you can, turn on your hazard lights and stay in the car if traffic is close.
- Don't approach an injured deer.
- Call 911 if anyone is hurt or the car is blocking traffic. The Transportation Cabinet asks drivers to report all deer collisions to police, and a report also helps your insurance claim. See how to get a Kentucky accident report.
- Take photos of the damage, the road, the lighting and where the deer ended up, plus contact details for any other driver and witnesses.
- Get checked by a doctor. Neck, back and head injuries often show up a day or two later.
- Notify your insurer, but be careful with recorded statements about speed or swerving. See insurance adjuster tactics.
Deadlines
When another driver is at fault, Kentucky's no-fault law generally allows two years from the injury or the last PIP payment, whichever is later (KRS 304.39-230(6)). PIP claims have their own timing rules. See our statute of limitations guide.
How Forman & Associates helps
We sort out which coverage applies, keep PIP paying, and find out whether another driver shares the blame. That means scene photos, crash reports, vehicle data and witness accounts. When insurers won't be fair, we're ready for court: Larry Forman has tried 50+ jury trials and won 95% of them. More on our Louisville car accident practice.
Deer crash FAQ
Is hitting a deer covered by comprehensive or collision insurance?
In most policies, hitting an animal falls under comprehensive. Swerving and hitting something else, such as a guardrail, tree or car, is often treated as a collision. Check your own policy's wording.
Will PIP pay my medical bills if I hit a deer?
Usually yes. PIP pays regardless of fault, up to $10,000 per person under basic coverage, through the insurance on the vehicle you were in. Passengers can claim it too.
Should I swerve to avoid a deer?
The Kentucky Transportation Cabinet says no. Brake firmly and stay in your lane. Swerving can cause a more serious crash with oncoming traffic or a roadside object.
Can I sue if another driver swerved to miss a deer and hit me?
Possibly. The question is whether that driver acted reasonably, considering things like speed, attention and following distance. If they didn't, their liability insurance may owe you for injuries beyond PIP.
Do I have to report hitting a deer to police in Kentucky?
The Transportation Cabinet asks drivers to report every deer collision. A police report also documents the crash for insurance. Always call 911 if anyone is hurt.
Talk to a Louisville car accident lawyer
If you were hurt in a deer crash, especially one involving another driver, we'll explain your options. No fee unless we win. Get a free case evaluation or call (502) 931-6788. Our office is at 1139 S. 4th St., Louisville, KY 40203.
This post is general information about Kentucky law as of October 2026, not legal advice. Insurance coverage depends on your policy.
