I hit a deer, am I entitled to compensation from my car insurance company for pain and suffering due to whiplash?

I hit a deer and sustained whiplash to my neck and back.

Am I entitled to compensation for my pain and suffering? My Insurance company has paid out 7,000 plus in chiropractic treatments.


Answer:

No, you are not entitled to pain and suffering for hitting a deer.

Your insurance company is likely paying for your medical bills under your pip coverage (a coverage that is not fault based). Pleas see: Personal Injury Protection.

Pain and suffering is owed then there is fault. The deer is an animal not capable of negligence or fault. Deer is a wild animal not owned by anyone (no owner to go after).

So, this leaves the driver responsible for hitting the deer. The driver cannot be liable to him/herself.

There is no recover under this facts.

Good Luck,
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