As long as there is no other driver, you are technically at fault. However, some policies contain accident forgiveness clauses if its your first, or clauses that consider damage to your vehicle, you and your passengers would have been worse if you had not taken action to avoid the deer. If damage is worse because you swerved to avoid the deer, this argument will not work. Unfortunately, there is no Humanity clause in insurance policies that gives you a break for saving the life of an animal. However, your agent and adjuster may be as kind to you as possible, perhaps forgiving the accident so that it does not impact your renewal premium. It doesn't hurt to ask. or you can say the deer ran into the road, if it seemed like that to you.
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