Hitting a wild animal on a Spanish road

Terms used

• Terceros — Terceros is basic third-party insurance. It pays for harm you cause to others, not for damage to your own car.
• Terceros ampliado — Terceros ampliado is third-party insurance with extras, often glass and fire, and sometimes collisions with game animals.
• Todo riesgo — Todo riesgo is comprehensive insurance that covers damage to your own car, with or without an excess.
• Titular del coto — The titular del coto is the holder of a hunting estate, who can be liable for collisions caused by a hunt.

Key rules

• Default liability: The driver normally bears the damage, unless a recent hunt or poor road fencing and signage caused the collision.
• Own car: Only comprehensive cover, and sometimes extended third-party, pays for your own car.
• Insurer notice: Tell your insurer within 7 days of the accident.
• Time limit: Claims against the estate or road owner generally must be brought within 1 year.
• Police report: Ask the Guardia Civil for a copy of their report, because any claim against someone else depends on it.

Who pays

In most cases, you do. If you hit a wild animal, the driver is generally responsible for the damage, and your own insurance is what covers your car, if your policy includes it.

There are two exceptions, where someone else can be liable:

• A hunt took place. If the collision was directly caused by hunting, such as a drive that ended less than 12 hours before, the hunting estate holder (titular del coto) is liable. If there is no hunting estate, the landowner is.
• The road was badly kept. If the collision happened because of missing fencing, missing warning signs or poor maintenance, the road owner or administration is liable.

The driver only carries the blame if you were at fault, for example by speeding or driving carelessly. This applies to game animals such as boar and deer. Proving the cause decides the outcome, and the rules can differ by region.

What to do at the scene

The timeline and checklist below give the full order. Three points matter most for a claim:

• Leave the animal where it is. Do not take it, and keep away if it is alive.
• Ask the Guardia Civil for a copy of their report. It records the place, the species, the signs and the fencing, and it is the key document if you claim against the hunting estate or road owner.
• Photograph the signs and fencing as well as your car.

Does insurance cover it?

It depends on your policy:

• Basic third-party (terceros): pays for harm you cause to others, not for your own car.
• Third-party extended (terceros ampliado): sometimes includes collisions with game animals, depending on the insurer.
• Comprehensive (todo riesgo): typically covers it. A policy with an excess (franchise) leaves you paying that part.

Compulsory insurance never pays for your own car. Check your policy wording for "atropello de animales" or game collisions.

Tell your insurer within 7 days. Late notice can cost you your cover. If the hunting estate or road owner turns out to be liable, your insurer may recover the money from them.

Hitting a pet or farm animal is different. You claim against its owner, and insurers usually exclude it.

Claiming from someone else

A claim for damage or injury generally must be brought within 1 year. The year counts from the accident or, for injuries, from medical discharge. A claim against the road administration for poor signs or fencing is an administrative claim with the same 1-year limit.

The Consorcio does not cover most wildlife damage. Because liability is hard to prove, get legal advice early if you think the estate or road owner is to blame.

Timeline and deadlines

• Stop safely, switch on your hazard lights, put on a reflective vest and place the V16 beacon: immediately after the collision

• Move everyone behind the barrier and call 112 or the Guardia Civil Tráfico: straight away, once you are safe

• Photograph the scene, the damage, the animal and the signage, and ask for a copy of the Guardia Civil report: while the Guardia Civil is at the scene

• Tell your insurer and keep your repair estimates: within 7 days

• Bring any claim against the hunting estate or road owner: within 1 year of the accident, or of medical discharge if you were injured

Checklist

• Stop safely, switch on your hazard lights and put on a reflective vest.

• Place the V16 beacon and move everyone behind the barrier.

• Call 112 or the Guardia Civil Tráfico to report the collision.

• Leave the animal where it is, and keep away from it if it is alive.

• Photograph the scene, your damage, the animal and any road signs.

• Check whether your policy is third-party, third-party extended or comprehensive, and whether it covers collisions with game animals.

• Tell your insurer within 7 days and keep every repair estimate.

What to watch out for

• Basic third-party insurance does not pay for your own car: Basic third-party (terceros) cover, and the compulsory insurance, pay for harm to others but not for damage to your car from hitting wildlife. Check your policy before you call a garage. Comprehensive (todo riesgo) usually covers game collisions, and third-party extended sometimes does.

• Late notice can cost you your cover: Late notification is a typical reason insurers refuse a wildlife claim.

• A domestic animal is not treated as wildlife: If the animal has a known owner, many policies exclude it and the claim goes against the owner. Get the owner's details and have the Guardia Civil record them.

• Swerving can void the claim: Some policies exclude damage caused by swerving to avoid the animal. Ask your insurer how your policy treats this before you rely on it.

Frequently asked questions

Can I claim from the hunting estate after hitting a boar or deer?

Yes, you can claim from the hunting estate holder if the accident was directly caused by a hunt drive that ended less than 12 hours earlier. If there is no hunting estate, the landowner answers instead. You will need the Guardia Civil report to show the cause.

Can I claim from the road owner after a wildlife collision?

Yes, you can claim from the road owner if the accident was due to missing fencing, signage or poor maintenance. This is an administrative claim to the road administration. Ask the Guardia Civil to note the signage and fencing in their report.

Does the Consorcio pay for wildlife damage to my car?

No, the Consorcio does not cover most wildlife damage. Your own policy is the first place to look, and the insurer may then reclaim from the hunting estate or road owner if one of them is liable.

What if the animal I hit was a domestic animal, such as a cow or a dog?

If the animal has a known owner, the claim goes against that owner, and many policies exclude it from your own cover. Get the owner's details if you can and have the Guardia Civil note them in the report.