Deer Encounter

[mdbravo34]

What is the name of your state?Deer Encounter What is the name of your state?Texas
I was driving my son's Truck delivering some equipment for him when out of no where a deer hit the front grill and bumper causing 3 to 4 thousand dollars worth of damage.My Ins. Agent said that the Primiary Insurance is my son's.
Who responsible for the deductable? Is there a Texas state law governing the amount on the deductable? Should I make a accident report?

 

[BelizeBreeze]

What is the name of your state?Deer Encounter What is the name of your state?Texas
I was driving my son's Truck delivering some equipment for him when out of no where a deer hit the front grill and bumper causing 3 to 4 thousand dollars worth of damage.My Ins. Agent said that the Primiary Insurance is my son's.
Who responsible for the deductable? Is there a Texas state law governing the amount on the deductable? Should I make a accident report?

This is an issue between you and your son.

 

[jgombos]

This is an issue between you and your son.

Why is that? What if they were not related? I would think there would be rules that stipulate who would have to pay the deductible between the owner and driver.

This is a pretty interesting situation. I'm no lawyer, but I'll speculate anyway The insured party of the policy that is effectively primary is probably the one that has to pay the deductible - which my guess is that's going to be the son (because it's a comprehensive claim). The son could probably hold the father liable for his deductible if the father were at fault, but hitting a deer is a no fault situation. So I think the son would have to pay the deductible directly, and the liability probably stops there.

Law aside, from a moral standpoint, the father was doing the son a favor, and the damages were not caused by any error on the part of the father, so the son should not expect payment from the father.

Anyway, that's all pure opinion.

 

[EvilWizard]

Just be glad that it wasn't a Deer Encounter of the Third Kind!!!

Yeah I know lame attempt at humor but its midnight and thats all I got left.

 

[teflon_jones]

You're required to file an accident report for that much damage.

Technically, your son is liable for the deductible because he allowed you to borrow the vehicle and the accident doesn't appear to be caused by your negligence. However, since you were driving, ethically you should be the one paying. But if you have to ask that question when it's you and your son in this situation, obviously there's some issues going on that make you ask the question.

 

[jgombos]

However, since you were driving, ethically you should be the one paying.

As far as ethics goes, the fact that the father was behind the steering wheel is immaterial. It could have been anyone behind the steering wheel, because as a practical matter, deer hits are a substantial matter of chance, not so much a matter of driving skill. This is why deer hits are comprehensive claims, rather than collision.

Someone who loans their car out has a reasonable expectation that the driver is skilled and won't make mistakes, but to expect the driver to dodge wildlife is unreasonable.

IMO, it boils down to who is doing a favor for who. If I do someone a favor and loan them my car, I would expect them to assume the risk of a deer hit. But if they are borrowing my car to do me a favor, it would be cruel for me to expect them to compensate me for the loss.

 

[mdbravo34]

Texas.
These are very good posts....
I agree in principal with the moral high ground and initially my first intentions were to pay the 1,000 deductable (unconditionally), but the immediate reaction and the response I received was more concerning to the damage of the Truck than any injuries I might have sustained. Without hesitation I was willing to wash this episode, especially from a ethical standpoint, but I do have Grandkids so the struggle will continue. These posts have made me realize to become a more objective thinker rather than an emotional one..