Fault and Insurance After Hitting a Deer on I-70
“what happens if i hit a deer on i-70 in kansas and my insurance says it was my fault”
— Caleb
If you hit a deer on a Kansas highway, the insurance fight usually turns on whether it was an animal strike or a control-loss crash after the fact.
If a deer runs into your lane and you hit it, that is usually not treated the same way as rear-ending somebody on Kellogg in Wichita or blowing a stop sign on a county road in Reno County. In Kansas, the insurance issue usually starts with one basic question: did you actually strike the animal, or did you lose control trying to avoid it?
That distinction matters more than most drivers realize.
If your vehicle made contact with the deer, the damage is commonly handled under comprehensive coverage, not collision. Comprehensive is the part of the policy that usually covers stuff outside your control: deer, hail, theft, vandalism, a tree branch in a windstorm, that kind of mess. Kansas drivers know hail claims. Deer claims fall into the same general bucket.
If you swerved, missed the deer, then slid into a ditch or tagged a guardrail, the insurer may try to push it into collision instead. That means a different deductible, and sometimes a much uglier argument about whether you overreacted.
This is where it gets ugly on I-70, K-10, US-24, or those darker two-lane stretches outside places like Junction City, Emporia, or Abilene. The company is not just looking at a dead deer on the shoulder. It is looking for a reason to say the real cause of the damage was your driving input after the deer appeared.
And yes, they do that.
If there is actual deer hair, blood, tissue, a broken grille, or a busted headlight pattern that matches an animal strike, your claim is in a better position from the start. If your car is wrapped around a cable barrier and there is no physical sign you hit the animal, expect questions.
Why the crash report matters in Kansas
On Kansas highways, a trooper's report can help lock down the basic story early. The Kansas Highway Patrol keeps preliminary injury and fatality crash information online for a short window, and full accident reports are requested separately. If a trooper or sheriff's deputy noted an animal in the roadway or coded it as a deer-related event, that can shut down some of the nonsense before it starts.
Not all deer crashes get the same level of reporting, though.
If the damage is minor and nobody is hurt, you may just be dealing with photos, a claim statement, and whatever the adjuster decides to scrutinize. That is why the first hour after the crash matters more than people think. You are preserving the difference between a straightforward comprehensive claim and a fight.
What helps:
- Photos of the deer, the roadway, and the damage before the car gets moved if it is safe to do that.
- Close-ups showing hair, blood, hoof marks, or impact points on the bumper, hood, windshield, or fender.
- The exact location: mile marker, direction of travel, nearest exit, county road number, or cross street.
- Any 911, trooper, sheriff, or local police response number tied to the crash.
- Names of witnesses who saw the deer come across the road.
That last part is not overkill. On open highway in Kansas, especially at dawn and dusk in spring and fall, deer move fast and disappear faster. A witness who saw the animal bolt from the median can matter when the insurer starts acting like you invented the whole thing.
If the insurer says you were "at fault"
People hear that phrase and think it means the same thing in every context. It does not.
The insurer might say you were "at fault" for claims classification purposes, meaning they are coding the loss in a way that hurts you on deductibles or future premiums. That does not automatically mean you were legally negligent in some grand courtroom sense. It often means the company found a cheaper lane to put your claim in.
If you hit the deer, say that plainly and stick to it. Do not start freelancing with lines like, "I might have jerked the wheel," or "maybe I could have missed it." Adjusters love uncertainty. They feed on it.
If you swerved and crashed without impact, the company has more room to argue that the deer was only part of the story. In that situation, they may say a reasonably careful driver should have braked in a straight line instead of swerving. Harsh? Sure. But that is how these files get evaluated.
Kansas roads make this worse because many deer crashes happen in lousy conditions for proof: pre-sunrise light, shoulder gravel, wind, rural stretches with no cameras, and traffic moving 70 or 75 mph. By the time a tow truck shows up, the animal may be gone and the physical scene has changed.
Will your rates go up?
Maybe.
Drivers get told that comprehensive claims are "not your fault," and sometimes that is basically true. But that does not mean your premium is untouchable forever. Carriers use their own rating rules, claim histories, territory data, and loss trends. A deer strike in a high-claim corridor is still a claim. The company may not surcharge it the same way as a preventable crash in Overland Park traffic, but it can still affect what happens at renewal.
That is another reason classification matters. A comprehensive deer hit is usually better news than a collision claim tied to swerving into a bridge rail.
What most Kansas drivers screw up after a deer crash
They clean the car up too fast.
They let the body shop wipe off the hair and blood before the carrier documents it.
They give a fuzzy recorded statement when they are still shaken up on the shoulder near Salina or Hays.
And they assume the adjuster sees deer crashes every day and will connect the dots on their own.
Sometimes the adjuster does.
Sometimes the adjuster does not give a damn about your timeline and just wants the file coded and closed.
If the facts are there, pin them down early. Exact road. Exact time. Exact lane. Actual impact. Visible evidence. Police or sheriff response if there was one. In Kansas, that is usually what separates a deer claim from a fight about whether you caused your own wreck.
Hector Ramirez
on 2026-03-20
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
Find out what your case is worth →