Determine if the following claim is likely to be paid by the adverse party. State "Subrogate" if it should be subrogated" and "Do not subrogate" if it should not be and then explain your decision
Claim:
NAME_1 driving alone at night. Spots deer and swerves into another lane. NAME_1 hits car in other lane. NAME_1 requesting compensation for damages from adverse party. Adverse driver was driving normally and is not at  fault. The response should be in all capital letters.
user