Sean hit a deer with his car a few weeks ago. We believe him, but his insurer, State Farm, doesn’t. It’s not like the deer, which disappeared into the woods, is going to stop by his agent’s office and testify. So they were going to use his collision coverage, which would result in an increase in his premiums or even cancellation for daring to use the comprehensive policy that he was paying for. But Sean is a lawyer, and he fought back.
On June 1, 2012, I struck a deer while my 2003 Ford Focus ZX5. It happened on a rainy evening, between 7:30 and 8:00 p.m. as I traveled on a wet, winding, hilly road in the heart of Pennsylvania farm country. As always I was on the lookout for deer. Unfortunately, as I rounded a sharp curve, which also marked the crest of a low hill, I spotted a deer in my path, perhaps 10-15 feet away. I braked as much as I could without skidding and tried to steer around the poor creature. Unfortunately, though, my right front bumper impacted the deer’s right hind quarter. As I had been able to slow to approximately 20 mph, the bumper merely lifted the deer, tumbling its tail section onto the hood. Then the deer became airborne, flew off to my right, and then down a heavily wooded, overgrown hillside where it disappeared.
The impact was powerful. There was damage, though. The right front side of the hood was crumpled and the bumper appeared to have lost a small bit of paint. Deer hair clung to the bumper.
After doing a bit of research to assure myself State Farm (I am a 10+ year customer who has never made a claim) I filed a claim. There would be no rate increase because I had purchased comprehensive coverage. My collision policy would not apply.
Things went well and moved fast. I soon had the estimate, State Farm had arranged for a rental car, and the final approval would soon arrive.
Except that’s not what happened. The next day, I got an early morning voice mail from State Farm. Great, I would receive the final all-clear, to get the car to the body shop. Except that’s not what happened., Instead, the male voice stated there was no evidence my car struck a deer and, as a result, State Farm was going to process the claim under my policy’s collision coverage with its $500.00 deductible and promise of a huge rate increase or policy cancellation.
Obviously, there was a mistake. A quick phone call would clear it up. Except that’s not what happened. The phone call was quick, all right, because the rep quickly told me I was fibbing. So I asked to speak to a supervisor. After a few minutes on hold, the rep was back on the line telling me someone in authority would soon call me.
Then, no one called. After a few hours I called back. I actually reached a higher up. No joy. She told me I had not hit a deer. Rather than argue I told her to stop processing my claim and prepare for legal action. I am a lawyer. In PA, we have a law that penalizes insurance companies that act in bad faith towards their insureds. I invoked the law and hung up. At no point did any rep ask if I snapped a pic. No rep ever asked me to describe the incident.
Within a hour, a rep called back. State Farm would handle my claim under comprehensive, after all. But, said the rep, we know you did not hit a deer. So you’re calling me a liar, I asked? No, said the rep – it’s just your car did not strike a deer. But I did hit a deer. No you didn’t. So you’re calling me a liar? No I’m not. How do you know? Hair and guts would have been stuck to your car if you had hit a deer. Not even the wind an rain can wash it off. So you’re calling me a liar? No I’m not. I can’t do business with a company accusing me of engaging in insurance fraud. After the car is repaired. I’m cancelling all my policies – home, auto, work related, etc. That’s your prerogative. And you didn’t hit a deer.
I complained to my agent. He is trying to make me happy. I emailed him a picture of the car, I took the day after the impact. Deer hair is visible on the left side of the bumper. But it had disappeared by the time the appraiser came on the scene.
Lesson: Document, photograph, toss the carcass in the trunk if you have to. To State Farm, no hair or guts means there was no deer.
It’s sad that we need our own documentation beyond the adjuster’s under these circumstances, but Sean’s advice is true and useful. Take your own photos before leaving the scene, even if it’s just with a camera phone in the dark.
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Do it again, only this time put the deceased deer’s head in the insurance adjuster’s bed.
My daughter was rear ended by a pick-up truck and the State Farm adjuster tried to tell me she was half at fault. She offered to pay half. I took this as a learning experience for my daughter and took them to court. When they lost the adjuster looked like she had been shot. I am amazed that they have such ignorant people working for them. She actually thought that the person in front was half at fault. Heck, even the kid that hit her said it wasn’t her fault in his testimony.
When I went to my lawyer he stopped me before I got to the name of the insurance company. He asked, “Was it State Farm or Allstate?”. Apparently, they have a bad reputation.
1. Call the police! Document it with an accident report. Hell, in Michigan, if you hit a deer and don’t call the cops, you can be charged with leaving the scene of a property damage accident. Yes, the deer is State property.
2. Take pictures!
3. ????
4. Profit.
State Farm lost my business years ago, when they informed me that they were tripling my rates after a hit and run in a parking lot.
I second the earlier recommendation of Geico.
In March, I was involved in an accident. It was completely and utterly my fault. After making sure everyone was okay and calling the police, I called Geico and let them know I’d been in an accident. They asked me some basic information about the accident, and the contact information of the person I hit.
They called to confirm his mailing address before the tow truck arrived. He called me three days later to let me know how wonderful my insurance company had been – because he’d gotten a check that day, with no hassle.
The REALLY awesome part? Despite having only been with Geico for a little over a year (I was vehicle free for three years), when I called to add my new van, they let me know that my rates wouldn’t change.
I’m impressed at the level of customer service I’ve gotten from Geico. I’m a small-potatoes customer – I drive older, paid-for vehicles, and while I’m scrupulous about paying on time, I also have two major claims in the last five years. The accident in March was my fault, but the other claim was a weather-related total loss. I’m not a big source of profit for them, and probably never will be, but they have been awesome from day one – when they offered me a rate that was HALF of what I’d been quoted elsewhere.
When you’ve hit a deer, the best thing to do is call the sheriff’s department. Not only are they happy to verify the deer damage to insurance, but letting them come out and see just where deer collisions are happening helps them assign their officers efficiently during the season.
Best of all, if you live in an area with a small rescue zoo, as we do, in the event that you do not want the deer meat or already have a freezer full, the sheriff will call the zookeeper for you and your deer will be fed to the tiger and the serval. Big cats in zoos don’t get deer meat as often as they’d like and it’s their absolute favorite. You can watch them eating beef or turkey and compare it to them eating deer and those are some happy, happy kitties. I took up hunting more for their benefit than my own.
Who carries collision AND comprehensive on an almost 10-year-old Focus? It’s worth a whopping four grand (assuming excellent condition and low miles.) Wonder what his premiums are…in any case, they’re at least twice what they would be if he had bare-bones coverage. That’s a pretty poor risk/reward calculation if you ask me. If he’s had it since new, he’s probably paid the replacement value more than once in premiums. *facepalm*
You’ve been a customer for 10+ years, paying hundreds of thousands in to their pocket, and the balk over a tiny repair job? Fuck them in they’re fucking face!
Absolutely call police after an accident with an animal like that. (Disclosure, very rural Central NY resident here… we have more deer in our area than people by a 10X ratio.) My father hit a deer with a glancing blow on the passenger side. No hair, no damage other than the headlight. Deer escaped into the woods. Officer responding wrote up a report, also indicating the visible damage on scene was limited to the headlight. Dad drove the van home, and one town over, got pulled over for having a light out (DUH!). But, he told the officer about the events, and once confirmed, the officer let him go. In the case of auto/animal accidents, the police can help you… as opposed to one certain insurer that I use, which isn’t always “on my side”.