A deer is deceased and lying stationary in the road and an insured hits the deer, causing damage to the undercarriage of the vehicle. Would this be considered a comp or collision claim by industry standard?

 Indiana Subscriber

The usual argument against comp coverage under these circumstances is that an animal can only be a living organism; once it has died, the animal is like any other inanimate object, and contact with it is collision. 

 The common or popular meaning of animal, though, is sufficiently broader that the technical definition and allows for more coverage in this situation. Furthermore, dead animals in the roadway present the hazard that they do precisely because they were once capable of presenting themselves on the roadway. For that reason we think it is logical to include both living and dead animals within the scope of comp coverage

 However, since the accident could potentially be considered collision or comp, whatever is better for the insured, deductible wise, should be chosen.

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