Homeowners’ Personal Liability Insurance and Personal Injury Claims

If you were injured due to someone else’s negligence whether inside or outside of their home, it is likely that the provisions of their homeowners’ insurance would cover your injury and/or damage claims that you may be entitled to bring.  There are of course exceptions to this rule such as automobile accidents and intentional injuries, which are typically not covered by homeowners insurance.

Homeowners’ personal liability coverage will pay for a claimant’s damages associated with the injury, which includes: medical bills, pain and suffering, property damage, lost income, etc… up to the policy limits of the insurance coverage.  Additionally, the insurance company will provide a legal defense for the policy owner in the event that a lawsuit is filed. 

Most typical homeowners’ personal liability insurance policies have a policy limit of anywhere from $100,000 to $300,000 or even more.  The insurance provider would pay up to the policy limit to resolve any claims against the policy.  If a claim for damages is higher than the policy limit then the policy owner could be responsible for any amount beyond the policy limit unless they have additional insurance coverage such as an umbrella policy, which provides additional protection.  Also, a claimant can choose to settle for the policy limits only they can decide whether they wish to seek additional damages from the policy owner personally.  In a situation where the policy owner is a friend or neighbor of the injured person, many injury claimants elect to settle their claim for only up to the insurance policy limits rather than file a lawsuit against their friends or neighbors.  Although, it is rare that a claim will exceed policy limits but it could happen if the claim involved very serious injuries.

Typical claims against homeowners’ insurance would usually be brought under the legal theory of negligence, which requires proof that the negligent party did not exercise reasonable care for the protection of others.  Other types of claims maybe brought under a “strict liability” standard such as dog bites, meaning that the claimant does not need to prove that they did anything wrong or that they were at fault. They simply need prove ownership of the offending dog or that they had responsibility for it.  Also, it is highly unlikely that the insurance policy will cover injuries resulting from an intentional act.  So if someone is injured on purpose, it will likely be classified as an assault and the homeowner won’t have any insurance coverage to protect them.

If you have any questions, please contact Budge Law Firm today at 480-246-8050 for a free consultation.