Hunting Accident: “Shot a Hunter Mistaken for Deer: Hunting Liability.”

I was deer hunting in dense brush. I saw movement and brown fur. I took the shot. It wasn’t a deer; it was another hunter wearing a brown vest (illegal, but still). I shot him in the leg. I called 911, then my CCW insurance. They said, “This is for self-defense only. We don’t cover negligence.”

Key Takeaways

  • Self-Defense != Hunting: CCW insurance (USCCA, etc.) is strictly for “Use of Force” in self-defense. It excludes hunting accidents, negligent discharges, and sporting incidents.
  • Homeowners Liability Applies: Your standard Homeowners or Renters insurance usually includes “Personal Liability.” This does cover accidental bodily injury caused by you (including hunting accidents), up to your policy limit (e.g., $300k).
  • The “Brown Coat” Defense: You will be sued for negligence. The fact the victim wasn’t wearing orange helps your defense (contributory negligence), but it doesn’t stop the lawsuit.
  • Criminal Charges: You could be charged with “Reckless Handling of a Firearm.” Homeowners insurance defends the civil suit but denies the criminal defense.

The “Why” (The Trap)

The trap is “Scope of Coverage.”
You bought “Gun Insurance” (CCW program) thinking it covers all gun stuff. It doesn’t. It covers fighting.
You need “Hunter’s Liability” or a robust Homeowners Policy for the woods.

The Investigation (I Checked Hunting Policies)

I looked at specialized options.

NRA / Lockton Affinity

  • Product: Hunter’s Liability.
  • Coverage: Specifically covers accidental shooting of others while hunting.
  • Cost: ~$30/year.

Homeowners (Allstate)

  • Coverage: Covers negligence worldwide.
  • Limit: Check your liability limit. If you shoot a surgeon in the hand, 300kisn′tenough.YouneedanUmbrellapolicy(300kisn′tenough.YouneedanUmbrellapolicy( 1M+).

US Law Shield (Hunter Shield Add-on)

  • Product: “Hunter Shield.”
  • Coverage: This adds coverage for criminal charges related to hunting (e.g., game violations, accidental shooting charges).
  • Verdict: Essential for hunters.

Comparison Table

ScenarioCCW MembershipHomeowners InsuranceHunter Shield (Add-on)
Accidentally Shot HumanDeniedCovered (Civil Liability)Covered (Criminal Defense)
Shot Wrong Game (Poaching)DeniedDeniedCovered (Defense)
Self-Defense against BearCoveredDeniedN/A

Step-by-Step Action Plan

  1. Render Aid: Stop the bleeding. Call 911.
  2. Buy the “Hunter” Add-on: If you have US Law Shield, add “Hunter Shield.” It’s cheap and covers the DNR/Game Warden legal fights.
  3. Check Umbrella Limits: Increase your personal liability to $1 Million. Hunting accidents result in massive medical bills.
    • [IMAGE: Screenshot of an Umbrella Policy declarations page showing $1,000,000 Liability limit]
  4. Don’t Admit Fault: Say “I was involved in a shooting accident.” Don’t say “I screwed up, I’m so sorry, I thought he was a deer.” Let the lawyers handle the negligence admission.

FAQ

Does this cover shooting a cow?
Yes, Homeowners liability covers property damage (livestock).

What if I’m trespassing?
Coverage might be denied if you were committing a crime (Criminal Trespass) at the time.

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