Deer Collision Liability Laws in North Dakota: Who Pays and What You Must Report
October 21, 2026
Most drivers assume that when a deer wrecks a car, someone has to pay for it: the state, a landowner, or the deer’s “owner.” Under deer collision liability laws in North Dakota, the answer is usually none of those. A wild deer has no owner, so you and your insurance company typically absorb the cost.
More than 2,000 wild animal crashes are reported in North Dakota in an average year, according to the North Dakota Department of Public Safety. Many more probably go unreported. The legal questions that follow a crash are quite specific, and the wrong move can cost you money or a claim.
This article covers who pays, what your insurance does, what happens if you swerve, when you must call the police, whether you can keep the deer, and how long you have to file a claim.
Who Is Liable When You Hit a Deer in North Dakota
In most cases, nobody is legally liable for a deer collision. White-tailed deer (Odocoileus virginianus) and mule deer (Odocoileus hemionus) are wild animals, and no landowner, farmer, or government agency controls where they walk. The state holds a property interest in all protected wildlife, so private citizens do not own the deer in a field. That interest is about management, not responsibility for crashes. Our guide to nuisance wildlife laws in North Dakota explains the state’s role in more detail.
Because there is no at-fault party, the repair bill falls on you unless your insurance policy covers it. Crashes are most common in the fall, when deer move more during the rut and the deer hunting season in North Dakota pushes animals around. Some drivers, especially during November, crash into wild deer.
There are exceptions where someone other than you may share responsibility:
- Another driver is involved. If a driver following too closely or driving carelessly hits you after you brake for a deer, that driver may be liable for the damage.
- The animal is livestock, not a deer. Rules for cattle, horses, and other animals at large differ, and an owner may be responsible.
- A road defect contributed. A missing warning sign or a badly maintained road can raise questions about a government agency, which is covered in a later section.
- Your own driving was negligent. Speeding or distracted driving can reduce what you recover from anyone else.
Does Car Insurance Cover Deer Collisions in North Dakota
Yes, if you carry comprehensive coverage. Many North Dakotans buy it because of the weather and long rural drives. Comprehensive coverage can help with damage from hail, wind, or hitting an animal. Without it, your own vehicle repairs are usually on you.
Liability insurance is the only coverage North Dakota requires for vehicles, and it will not repair your car. Liability coverage pays for injuries or property damage you cause to others, but it does not cover damage to your own vehicle. The required minimums are $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 per accident for property damage.
| Coverage | Typical Role in a Deer Crash |
|---|---|
| Comprehensive | Pays to repair or replace your vehicle after striking an animal, minus your deductible |
| Collision | May apply if you swerve and hit a tree, guardrail, or another vehicle; insurers can classify these claims differently |
| Liability | Pays other people’s damage if you cause a secondary crash; does not pay for your car |
| Personal Injury Protection (PIP) | Pays your medical bills and some income loss regardless of fault |
North Dakota is a no-fault state. After a crash, you claim first with your own insurer, and PIP covers medical bills and income losses from collision-related injuries. The minimum PIP requirement is $30,000. That means a deer-related injury goes through your own policy even though no other driver is at fault.
Pro Tip: Photograph the deer, the road, your vehicle damage, and any skid marks before you move anything. Call your insurer promptly and ask whether a swerve-and-hit-an-object crash falls under comprehensive or collision on your specific policy.
Who Is at Fault If You Swerve to Avoid a Deer in North Dakota
If you swerve and hit nothing but the ditch, there is no other party to blame, and the loss is yours to handle through insurance. Fault becomes a real issue only when your swerve damages someone else’s vehicle or property. A court can then weigh whether swerving was a reasonable reaction to a sudden emergency or a careless move that put others at risk.
North Dakota uses a modified comparative fault rule, which matters in these disputes. A plaintiff is barred when their fault is as great as the combined fault of all other parties, so recovery requires fault under 50%. The other side’s damages are reduced by your percentage of fault.
Picture a driver on I-94 at dusk who jerks into the oncoming lane to miss a doe and clips a pickup. The deer is not a party to the claim, so the pickup owner’s insurer will look at the swerving driver. If a jury places 60% of the fault on the swerving driver, the driver would collect nothing from the pickup owner.
This is why many safety agencies advise braking firmly and staying in your lane when a collision looks unavoidable. A head-on hit with a deer is usually less dangerous than a rollover or a crash with another vehicle.
A swerve also changes your reporting duty. As the Ward County Sheriff put it, if you try to avoid a deer and strike another vehicle, it becomes a reportable accident.
Is It Illegal to Hit a Deer and Drive Off in North Dakota
Hitting a deer and driving away is generally not a crime if you were not hurt and no one else was involved. In most states it is not illegal to leave after hitting a deer, even though staying and telling someone is advisable. North Dakota fits that pattern because it treats an animal-only crash as non-reportable.
That changes quickly if the crash involves people or other property. Leaving after injuring someone, or after striking another car, a fence, or a guardrail, is a different matter. Those situations trigger standard accident duties, and walking away from them can bring criminal penalties.
There are practical reasons to stay put, too. An injured deer in the lane is a hazard for the next driver, and a disabled car on a dark rural road is a bigger one. If you can do so safely, pull off the road and move the animal to the roadside.
Common Mistake: Driving off with a damaged car and no photos or record. If you later find hidden damage or delayed injuries, you will have nothing to show your insurer.
Deer Collision Reporting Requirements in North Dakota
A deer-only crash with no injuries does not have to be reported to police. The North Dakota Department of Transportation says you are not legally required to report a collision with an animal unless an occupant is physically injured or killed. North Dakota Game and Fish adds that if the accident involves personal injury or other property damage, it must be reported. You can find that guidance on the department’s motorist deer safety page.
| Situation | Report Required? |
|---|---|
| Deer only, no injuries, only your car damaged | No, though you may call if you need help |
| Anyone in your vehicle is injured or killed | Yes |
| Your swerve or braking involves a second vehicle | Yes, it becomes a reportable crash |
| You damage someone else’s property | Yes, treat it as a standard accident |
Important Note: One legal summary says N.D. Cent. Code §39-08-09 requires reports for injuries, fatalities, or at least $4,000 in property damage. State agencies describe animal-only crashes differently. If your damage is high or you are unsure, calling law enforcement costs nothing and creates a record for your insurer.
After a crash, follow this order:
- Check everyone for injuries and call 911 if anyone is hurt.
- Pull off the road, turn on your hazard lights, and stay clear of traffic.
- Photograph the scene, the deer, and your vehicle.
- If the deer is in the road and you cannot move it, NDDOT says to call the district office or state radio to arrange removal.
- Contact your insurer and, if needed, local law enforcement.
Can You Keep or Salvage a Deer You Hit in North Dakota
Yes, but you need a permit first. A permit is required before you take possession of a roadkill deer, and permits are free from game wardens and local law enforcement. The rule applies to the entire animal or any part of it. That includes the antlers, so do not load a buck into your truck before you have the permit.
The permit also gives the state a record of collisions. The system helps North Dakota Game and Fish track wildlife populations and vehicle collisions. Our roadkill laws in North Dakota page walks through the permit steps and penalties in more detail.
Important Note: Some outlets call this a “hunting permit,” and The Zebra lists North Dakota among states that allow salvage only with a hunting permit. North Dakota Game and Fish describes it as a free roadkill permit from a warden or officer. Ask the officer on the scene which form applies to you.
Salvaging a deer is not the same as taking one. Intentionally hitting a deer to claim it is illegal poaching, and an animal you take outside the permit process can bring wildlife penalties. If you want to remove deer causing problems on your own property, see our guide to wildlife removal laws in North Dakota.
Can You Sue the State or Local Government Over a Deer Collision in North Dakota
You can sue in theory, but a claim based only on the presence of a deer is very unlikely to succeed. The state and counties do not own, confine, or control wild deer, and there is no general duty to keep them off a road. A successful case usually needs something more, such as a defective road, a missing or hidden warning sign, or a government vehicle that caused the crash.
Government defendants also come with special procedural rules. Government tort claims in North Dakota carry a three-year deadline, and notice is required. Government defendants may require a separate notice of claim within a shorter window. Missing that early notice can end a case before it begins.
Nolo’s overview of North Dakota personal injury laws includes a section on government injury claims. If you think a road condition played a role, talk to a North Dakota attorney quickly, before evidence like signage or road conditions changes.
Time Limits for Deer Collision Injury Claims in North Dakota
North Dakota gives you more time than most states. You generally have six years to file a personal injury lawsuit under N.D. Cent. Code § 28-01-16(5). The six-year clock usually starts on the day you are injured.
| Claim Type | Deadline | Statute |
|---|---|---|
| Personal injury | 6 years | N.D.C.C. § 28-01-16(5) |
| Property damage | 6 years | N.D.C.C. § 28-01-16(2), (3) |
| Wrongful death | 2 years | N.D.C.C. § 28-01-18 |
| Claim against a government entity | 3 years, with prior notice | See an attorney for the notice window |
Those figures come from a North Dakota state law summary and SetCalc’s state breakdown. Because most deer crashes have no defendant to sue, the deadline that matters most day to day is your insurance policy’s own claim window. Policies commonly require prompt notice, so report the loss within days, not years.
Waiting still carries risk. Evidence fades, and a late insurance claim can be denied even when the lawsuit deadline is open. If a second driver or a road defect is involved, file early and keep every repair estimate and medical record.
Important Note: This article is general legal information, not legal advice. Statutes change and each crash has its own facts, so confirm deadlines and duties with a licensed North Dakota attorney or your insurer.
Deer collision liability laws in North Dakota come down to a few points. You are rarely liable to anyone, you rarely have anyone to sue, and comprehensive coverage is what protects your car. Report the crash if anyone is hurt or another vehicle is involved, get a free permit before you take a deer home, and keep your injury claim deadlines in mind. Related reading includes our guide on feeding deer in North Dakota, since feeding draws deer toward roads.