Does Homeowner's Insurance Cover Personal Injury Claims?

Written by Posted On Saturday, 24 March 2018 02:02
No matter how carefully you maintain your property, injuries can happen anywhere. If a visitor becomes hurt while at your home or on the grounds of your property, they make seek monetary damages from you or your family. Having homeowners insurance can help protect your finances in the event that an injury claim is filed.

Liability Insurance and Third-Party Claims

Third-party claims are claims that are filed against you under a homeowners policy. Similarly, first-party claims are claims that a homeowner files under their own home insurance policy to cover damages from disasters like floods or fires. 

Injury Liability Coverage

One of the most valuable benefits of carrying a homeowners liability insurance is that it covers various types of losses associated with an injury. This can include things like lost income, medical expenses, and compensation for pain and suffering. Keep in mind that these expenses are subject to the limits of your coverage. In the event that the injured party decides to pursue legal action against you, your insurance company will provide representation. 

To help put this into perspective, imagine that your homeowner's liability insurance policy has a $250,000 limit. This means that your insurance company is willing to pay damages to the injured person up to this limit. If there are serious injury-related damages that exceed the amount of your coverage, you could be held financially responsible for the difference. In these cases, your homeowner's insurance policy may offer an “umbrella” provision to help cover this difference. 

Negligence and Strict Liability 

Under most circumstances, any guest that visits your home would be covered by your homeowner's liability insurance policy. The majority of their accidental injuries like slip and fall injuries would be governed by the concept of negligence. This means that the injured party is responsible for demonstrating that you somehow failed to reasonably maintain your property and keep it free of hazards. Slip and fall accidents are common types of claims that are governed by negligence. 

Other types of injuries are not governed by the concept of negligence. For example, homeowners living in states that have a “strict liability” statute for dog bites may find that the injured party can file a claim without having to prove that you were at fault. 

Another important scenario to keep in mind in cases where the injuries to another party result from an intentional act. If you assault someone on your property and they sue you for damages, your homeowner's liability coverage will not protect you.
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