What Happens If I Hit a Deer in Ontario? Do I Have a Claim?
- Daniel Rabinovitch
- Apr 4
- 2 min read
Collisions involving wildlife, particularly deer, are more common than many people realize across Ontario. These accidents can be sudden, frightening, and often result in serious injuries.
A question we’ve been asked is: “Do I have a claim if I hit a deer?”
The answer is important and often misunderstood.
You Still Have a Claim: Accident Benefits
Even if no one is at fault, you are entitled to compensation through Accident Benefits.
Ontario operates under a no-fault insurance system, which means your own automobile insurer is responsible for providing certain benefits regardless of how the accident occurred.
If you were injured in a collision involving a deer, you may be entitled to:
Medical and rehabilitation benefits (treatment, physiotherapy, counselling, etc.)
Income Replacement Benefits (IRBs) if you are unable to work
Non-Earner Benefits if you do not qualify for IRBs
Attendant care benefits in more serious cases
Other expenses, depending on your circumstances
These benefits are available even though no other driver caused the accident.
This is often the primary and most important claim in deer collision cases.
What About a Lawsuit (Tort Claim)?
In most deer collisions, there is no tort claim because there is no negligent party to sue. Wildlife is unpredictable, and no one generally “owns” the deer.
However, there are important exceptions.
When There May Be a Tort Claim
A tort claim may arise if another vehicle is involved in some way or if there is evidence of negligence beyond the deer itself.
Some examples include:
A driver was following too closely and rear-ended you after you struck a deer
A driver was speeding or distracted and collided with you after the initial impact
A vehicle forced you off the road, causing you to hit a deer
A driver failed to react reasonably to a visible hazard
If another vehicle contributed but cannot be identified (for example, they fled the scene), there may still be options available through uninsured or unidentified motorist coverage.
In assessing the potential for a tort claim, the focus shifts from the deer to the conduct of the other driver.
What Should You Do After a Deer Collision?
If you’ve been injured after hitting a deer:
Call the police/Report the accident
Seek medical attention immediately
Notify your insurance company promptly
Document everything (photos, location, damage, injuries)
Speak with a lawyer early to protect your rights and access benefits
The Bottom Line
You do have a claim for Accident Benefits after hitting a deer
A lawsuit is usually not available, unless another driver was involved
The key is identifying whether any human negligence contributed to the accident
Speak With a Personal Injury Lawyer
Don’t wait until it’s too late!
Deer collisions can lead to serious and long-lasting injuries. Navigating Accident Benefits and identifying whether a tort claim exists requires careful legal analysis.
At DR Injury & Disability Law, we help clients across Ontario understand their rights and obtain access to the compensation they are entitled to.
Consultations are free, and we only get paid if your claim is successful.
