Moose and Deer Collisions in Maine: Liability and Insurance Payouts

Driving the rural stretches of Route 1, the Maine Turnpike, or deep in Aroostook County comes with a uniquely terrifying hazard: massive wildlife. Collisions with deer and moose are exceptionally common in Maine, especially at dawn and dusk. Because an adult moose can weigh over 1,000 pounds and stands tall on thin legs, a collision often results in the animal crushing the windshield and roof of the vehicle, leading to catastrophic or fatal injuries for the occupants.

While no one wants to hit an animal, the split-second decision a driver makes in the moment drastically alters how insurance companies view liability and handle the financial payouts. Navigating the aftermath of a severe wildlife crash involves dealing with specialized insurance rules, state crash reporting laws, and sometimes, complex liability disputes if passengers are injured. Finding an experienced local Maine personal injury attorney in our directory can help you decipher your insurance policy and fight for the compensation you need to recover.

Swerving vs. Hitting: How Fault Changes

The most critical factor in a wildlife accident is whether you struck the animal or swerved to avoid it. If a deer jumps directly in front of your car and you strike it, insurance companies consider this an "Act of God" or an unavoidable accident. You are generally not considered at fault, and the damage is handled by your Comprehensive insurance coverage. However, if you swerve to miss the moose, lose control, and crash into a ditch, a tree, or oncoming traffic, the situation changes entirely. Insurers usually classify this as an at-fault Collision claim because you failed to maintain control of your vehicle. Although the sudden emergency doctrine-often discussed in precedents like Hargrove v. McGinley, 766 A.2d 587 (ME Supreme Judicial Court 2001)-can sometimes defend against negligence, insurance adjusters still aggressively penalize drivers who swerve.

Passenger Lawsuits Against the Driver for Speeding

If you are a passenger in a vehicle that hits a moose, and you sustain severe injuries, you may have the right to file a claim against the driver's bodily injury liability policy. This is particularly relevant if the driver was operating the vehicle recklessly before the animal appeared. If the driver was speeding on a dark, icy road in violation of 29-A M.R.S. § 2074, or if they were distracted by a cell phone, a lawyer can argue that their negligence reduced their reaction time, making the crash worse. In these tragic scenarios, passengers often must sue their own friends or family members, but an attorney can ensure the claim is directed strictly at the insurance company's deep pockets, not the driver's personal bank account.

Comprehensive vs. Collision Coverage Limitations

It is vital to understand what your policy actually covers. Maine law mandates liability insurance, but Comprehensive and Collision coverages are optional unless required by your auto lender. If you only have basic liability insurance and you strike a moose on a rural road near Bangor, your insurance will not pay a single dime to repair your crushed vehicle or replace it. If you do have Comprehensive coverage, you must pay your deductible before the insurer pays the actual cash value of the totaled vehicle.

Step-by-Step Process After a Wildlife Crash in Maine

Protecting your physical safety and your financial claim requires immediate and specific actions following a wildlife collision.

Step 1: Call 911 and Report the Crash

Under 29-A M.R.S. § 2251, you are required to report any accident resulting in bodily injury, death, or combined property damage of $2,000 or more. Additionally, hitting a large game animal must be reported to law enforcement. A local officer or a warden from the Maine Department of Inland Fisheries and Wildlife, Augusta will respond, secure the scene, and dispatch the animal if it is suffering.

Step 2: Photograph the Evidence

If you struck the animal, your insurance company needs proof to process a Comprehensive claim instead of a Collision claim. Take photos of the animal's body. If the animal ran off into the woods, take close-up photos of your vehicle showing animal hair, blood, or tissue embedded in the shattered grille or windshield.

Step 3: Seek Immediate Medical Attention

Moose collisions frequently cause severe spinal trauma, traumatic brain injuries, and facial lacerations from shattered glass. Even if you feel "fine" due to adrenaline, you must be evaluated at an emergency room or urgent care center. Delaying medical treatment gives the insurance company an excuse to deny your medical claims.

Step 4: File the Claim with Legal Help

If you were a passenger injured due to the driver's negligence, or if your insurance company is unfairly denying your Comprehensive claim by arguing you hit a stationary object, consult a lawyer. They will obtain Form 13:20A, Maine, Department of Public Safety, State of Maine Crash Report to prove the wildlife involvement and negotiate heavily with the adjuster. If necessary, they will file suit in a local court like the Penobscot County Superior Court, Bangor.

How Much Does it Cost in Maine?

Managing the financial fallout of a wildlife collision involves understanding out-of-pocket costs versus legal recoveries:

How Long Does the Process Take?

If it is a straightforward Comprehensive property damage claim where no one was injured, your insurance should appraise and cut a check for your totaled car within 2 to 4 weeks. If a passenger is pursuing a complex bodily injury liability claim against the driver for negligence, the timeline extends significantly. Achieving maximum medical improvement and negotiating a bodily injury settlement generally takes 6 to 12 months.

Frequently Asked Questions (FAQ)