Auto Insurance Claims: claims denial appeal, collision insurance, company states


Question
Driving along hwy notice a deer in road.  Made an attempt to swerve and miss animal.  In process strike the animals rear, which causes me to loose control or the car and hit the guard rail. Most of damage is to front of vehicle where deer was struck and the rest is results from hitting guard rail.  I have compressive collision but not collision. Insurance company states most of accident looks like its from guard with no indications that I hit the deer. No eye witnesses to the accident police report does state that I did hit deer's rear in attempt to avoid but did not measure due to moving of the car nor was animal located. Company stating that collision loss is what they believe it to be due to no hard evidence that a deer was hit.  If denied is their any appeal process or anyway I could prove I did hit deer which caused the latter events.  I would appreciate your opinion.

Answer
Hi Roderick,

This is a tough situation. If the insurance company made this easy, then everyone who hit a guard rail would claim that they grazed a deer first and lost control.

The only way to prove that you hit a deer is that there are remains of the dear stuck somewhere on your vehicle, such as blood or animal hair.  The only other thing you might try is filing a complaint with the state insurance commission. They may be able to help

I hop this helps
Richard Hixenbaugh