Yes, homeowners’ insurance can cover personal injury when someone is injured on your property, and you are legally responsible, typically through the policy’s personal liability coverage. Coverage depends on the policy terms, the type of injury, and whether exclusions apply.
If you were the injured victim, you may be able to file a homeowners insurance claim with the property owner’s carrier, but it’s important to speak with an experienced Nashua, NH personal injury lawyer first. They can advise you of your rights and guide you through the claims process.
When does homeowners’ insurance not cover personal injury?
The Insurance Information Institute (III) notes that homeowners’ insurance coverage for someone’s injury only covers bodily injury liability claims that involve a third party; that is, someone who does not live in the house. If you fall and break your arm in your home, it would be your health insurance that covers medical expenses, not your homeowners’ policy.
Claims involving family members or others who live in the household are usually excluded from personal liability coverage.
Your insurance company likely has other exclusions, such as intentional acts or criminal activities. For example, if someone intentionally acts irresponsibly on your property, like jumping off your roof into your swimming pool, the claim would likely be denied, as would claims filed by someone who was committing a crime on your property when they got hurt.
While most homeowners’ policies cover dog bites, some exclude certain breeds or exotic animals. For example, a policy may cover a minor bite from a cocker spaniel but exclude coverage for other animals, like a pit bull. Whether a dog bite claim is covered depends on the specific policy language and the insurance company.
In some cases, umbrella insurance can provide additional coverage beyond standard homeowners’ policy limits.
What should you do if you’re injured on someone else’s property?
If you get hurt at your friend’s or family member’s house, filing a lawsuit for damages against someone you like may not even cross your mind. However, you may not have any other option but to file a claim.
Your health insurance carrier may not cover your medical claim if there’s another insurer that could, or should, cover the cost of your care. In some cases, one insurance company may pursue a subrogation action against another, such as your health insurer pursuing repayment from the property owner’s insurance policy.
Or, your insurance carrier could deny your claim outright, leaving you to pursue a claim on your own.
No one wants to think about suing their neighbor or family member after an injurious accident, but it may be your best, or only, option to get the money you need for your medical bills and other losses. Remember, if you’ve been hurt because the property owner didn’t take responsible steps to ensure your safety, you do have the right to be compensated for your losses.
Does homeowners’ insurance cover pain and suffering?
Homeowners’ insurance can cover pain and suffering when someone is hurt on your property, and you are legally responsible. This type of compensation is usually paid through the policy’s personal liability coverage, along with medical expenses and other related losses.
Pain and suffering include the physical pain and emotional stress caused by an injury. This may involve ongoing discomfort, trouble moving, or the ways an injury affects daily life. Whether these damages are covered depends on the policy limits, how serious the injury is, and how the insurance company views the claim.
Insurance companies may push back on pain and suffering damages, especially when injuries are not well documented or treatment is delayed. In these cases, a personal injury attorney can help make sure the full impact of the injury is clearly presented.
When should you contact a personal injury attorney after a property injury?
If you were hurt at someone else’s home or on their private property, their homeowner’s insurance policy may have limited personal liability coverage. The personal injury attorneys at Shaheen & Gordon can help you understand your legal options after an injury. Contact us online or call us at (800) 451-1002 to request a free personal injury consultation.
