Will a Homeowner’s Policy Cover A Personal Injury on the Property?
In California, property owners and property occupiers have a legal responsibility to ensure that premises are in a reasonably safe condition to avoid personal injury to guests. You may be wondering: What happens if an injury occurs on residential property, does the homeowners’ policy cover the claim?
The answer is that a homeowners’ policy generally provides liability coverage in California, meaning they will kick in if the residential property owner is liable for the accident. In this article, our Oakland premises liability attorneys discuss homeowners’ insurance policies and personal injury.
Personal Injury on Property and Homeowners Insurance: What to Know
Homeowners’ insurance is a form of property coverage that covers losses, damages, and potential liability to a residential property owner’s house and assets. When an accident happens on residential property, the homeowners’ policy may bear responsibility for the claim.
Here are four key things to know about personal injuries on residential property and homeowners’ insurance coverage in California:
Most Residential Property Owners Have Insurance: Although homeowners’ coverage is not mandatory in California, the overwhelming majority of residential property owners have insurance coverage. Notably, mortgage lenders require homeowners to maintain adequate insurance.
Many Homeowners’ Policies Provide Liability Coverage: The specific terms of a homeowners’ policy always matter. That being said, most policies offered in California provide liability coverage to the property owner. As explained by the California Department of Insurance, this type of coverage kicks in if a homeowner or resident of a home is “legally responsible for injury to others.”
Premises Liability Claims are Fault-Based Legal Cases: Homeowners’ policy covers a residential property owner’s legal liability. A residential property owner is not automatically responsible for an accident on their premises in California. An injured victim must prove that property owner (policyholder) negligence contributed to their accident. Without negligence, a homeowners’ insurer that defends the claim may deny compensation.
Limits and Exclusions May Apply: Notably, most homeowners insurance policies in California have limits and exclusions. For example, a policy may have a $100,000 coverage limit for liability. Further, a policy might exclude coverage for the homeowner for certain acts, such as if he or she intentionally injured another party.
Premises liability claims are notoriously complex. This is especially so when an accident occurs on residential property. The specific circumstances of the case always matter. If you were injured in someone’s home or at someone’s apartment in the Bay Area, an experienced Oakland premises liability attorney can help you explore every available option for financial support, including a claim through a homeowners’ insurance policy.
Frequently Asked Questions About Homeowner’s Insurance And Personal Injuries In California
What does homeowner’s insurance cover in California?
Homeowner’s insurance typically covers property damage, personal liability, and theft. It also covers additional living expenses if your home is uninhabitable due to a covered loss.
Is earthquake or flood damage covered by standard homeowner’s insurance in California?
No, standard homeowner’s insurance policies in California do not cover earthquake or flood damage. Separate policies or endorsements are required for these types of coverage.
What should I do if someone is injured on my property?
If someone is injured on your property, you should notify your insurance company immediately. Your homeowner’s insurance policy may cover medical expenses and legal fees if you are found liable for the injury.
How do I file a claim for property damage?
Notify your insurance company as soon as possible. Provide details about the damage, take photos, and gather any relevant documentation. Your insurer will guide you through the claims process.
What is the deadline for filing a property insurance claim in California?
You generally have 20 days to file a property insurance claim in California, except for fire or earthquake claims, which should be reported without unnecessary delay.
How long does it take for an insurance company to acknowledge a claim?
In California, an insurer must acknowledge your claim within 15 calendar days and send you the required claim-related documents.
What is the Personal Injury Program in California?
The Personal Injury Program provides medical care for injuries sustained in motor vehicle accidents, regardless of fault. It covers medical expenses, hospitalization, and other necessary services.
Can I get temporary housing if my home is damaged?
Yes, your homeowner’s insurance policy may cover additional living expenses, such as temporary housing, if your home is uninhabitable due to a covered loss.
What if I disagree with the insurance company’s assessment of my claim?
If you disagree with the insurance company’s assessment, you can file a complaint with the California Department of Insurance or seek assistance from a public adjuster or attorney.
How can I ensure I have adequate coverage for personal injuries on my property?
Review your homeowner’s insurance policy to ensure it includes sufficient liability coverage. You may also consider increasing your coverage limits or adding endorsements for additional protection.
Call Our Bay Area Premises Liability Lawyers for Immediate Help
At Bracamontes & Vlasak, our California personal injury lawyers have the skills, experience, and expertise to handle the full range of premises liability claims. If you have any questions about injuries on property and homeowners’ policies, we can help.
Contact our law firm now for a free, no-obligation review and assessment of your case at (415) 835-6777. Our firm provides personal injury representation throughout the Bay Area, including in San Francisco, Oakland, San Jose, and Mountain View.
(Updated 11/13/2024)
