If someone becomes injured on your property, will homeowners insurance cover a civil lawsuit if they decide to sue you? Homeowners insurance primarily covers your home and your belongings in case of theft or disaster. Your policy likely also includes liability coverage, which helps cover legal costs and damages in a civil lawsuit.
What Is a Civil Lawsuit?
A civil lawsuit is a legal action someone can take if they incur damages as a result of non-criminal behavior. Unlike a criminal lawsuit, a civil lawsuit will never result in jail time or similarly harsh penalties.
If someone suffers an injury due to an accident on your property, they might pursue a civil lawsuit against you. The plaintiff filing the lawsuit must prove that the accident occurred due to your negligence.
If an investigation finds you to be liable for the other party’s damages, the liability protection included in your homeowners insurance may cover the damages so you do not have to pay out of pocket.
Does Homeowners Insurance Cover Negligence?
Yes, homeowners insurance can cover negligence in the context of a civil lawsuit. Your homeowners insurance policy does not cover damage to your own family or property that occurs due to negligence, nor does it cover intentional acts, but it likely includes liability coverage that can pay for accidents that occur to third parties.
In a civil premises liability lawsuit, negligence can refer to oversights such as:
- Failing to clear snow or ice from a sidewalk in front of your property
- Failing to prevent a dog bite by not leashing the dog or fencing it in
- Allowing a child to damage a guest’s property (such as a vehicle in the driveway)
According to the Insurance Information Institute, liability limits for homeowners insurance policies typically start at $100,000. If you frequently host guests on your property or if you operate a client-facing business out of your home, it may be worth considering a policy with higher liability limits to protect yourself against the added risk of negligence claims and civil lawsuits.
Does Homeowners Insurance Cover Lawsuit Legal Fees?
In most cases, homeowners insurance will cover civil lawsuit legal fees if someone sues you for an incident covered by your policy. This may include attorney fees, court costs and other related expenses. Keep in mind that these fees all count toward your policy’s liability limit.
Homeowners insurance also often includes medical payment coverage that can pay for a third party’s medical expenses if they suffer injuries on your property. This coverage is separate from your liability protection. If the other party agrees to receive compensation through your medical payments coverage, there will be no need for a lawsuit or associated legal fees.
Medical payment coverage primarily protects against minor injuries. The limit for this type of coverage is sometimes as low as $1,000, so it may only be applicable for relatively negligible accidents, such as a guest tripping over a small object and needing basic first aid. If someone experiences a more severe accident on your property, a lawsuit and legal fees may be unavoidable.
What Types of Injuries Does Homeowners Insurance Cover?
The liability protection included in your homeowners insurance can cover several types of accidents and injuries that might happen on or near your property. Examples of covered accidents include:
- Slip-and-falls
- Dog bites
- Swimming pool or trampoline injuries
- Falling object injuries
- Property damages
Homeowners insurance will cover a civil lawsuit for these types of injuries even if the homeowner is at fault. Negligence only rules out homeowners insurance coverage if the damage befalls the home itself or the family living there.
However, homeowners insurance does not cover certain types of personal injury. Causing injury or property damage intentionally is not within the scope of homeowners insurance liability coverage. Damage that is specifically related to business operations is also an exception, such as if you sell a defective product out of your home or provide professional advice that later leads to injury.
Will Homeowners Insurance Cover a Civil Lawsuit if You Rent?
If you rent a residential property, you will need renters insurance rather than homeowners insurance if you are seeking coverage. Similar to homeowners insurance, renters insurance often includes liability coverage that will protect you from the costs of a civil lawsuit when someone sustains accidental damage on the property.
Depending on the exact nature and location of an accident on a rental property, the landlord’s insurance might also play a role in covering the injured person’s damages. Even so, your landlord might require you to carry renters insurance or a minimum amount of liability coverage as part of your lease agreement.
Do You Need a Lawyer for a Civil Lawsuit?
If someone sues you for an injury that happened on your property, contacting a Phoenix premises liability attorney is a top priority. Facing a civil lawsuit means that you will have to deal with insurance agents and opposing lawyers who have a deep understanding of complex laws. Having your own legal team will even the playing field during high-stakes discussions. They can guide you through each step and ensure your rights are protected.
At Sargon Law Group, we have experience working with insurance companies on behalf of homeowners facing civil lawsuits in Arizona, California, Colorado and New Mexico. We can investigate the accident to determine if homeowner negligence was a factor in the injury and present evidence to the plaintiff’s legal team.
Even if homeowners insurance will cover the civil lawsuit, we still want to secure the best possible outcome for you. This is important because your insurance premiums could increase as a result of the lawsuit. Having a lawyer can increase your chances of proving you were not at fault for the accident, possibly averting the outcome of higher insurance costs going forward.
Sargon Law Group Can Help When You Face a Civil Lawsuit
Facing a civil lawsuit can be overwhelming, and you might understandably have questions about whether your insurance will be there to bail you out. The attorneys at Sargon Law Group are available to answer those questions and help you understand if homeowners insurance will cover the civil lawsuit. Contact us today for a free consultation and to learn more about how we can help you with your case.