Personal Injury Lawyer Virginia Beach
Although homeowner’s insurance policies protect policyholders from third-party bodily injury claims, they are not without their limits. If you or a member of your household is injured on your property, your homeowner’s insurance is unlikely to help. While it seems counterintuitive, your policy coverage only comes into effect when someone who is not part of your household has an issue.
Unfortunately, no homeowner’s insurance policy is all-encompassing and, as with most contracts, they tend to come with a hidden set of rules. Your policy will not cover willful or criminal acts, such as assault. If your actions are especially egregious, your coverage could vanish and leave you completely unprotected.
For this reason, it is essential to partner with an experienced Virginia Beach personal injury lawyer from Shapiro, Washburn & Sharp. We can help you understand and navigate the terms and conditions of your homeowner’s insurance policy and ensure your rights are protected. Call us today to schedule a free consultation with a member of our team.
What is Covered by Homeowners’ Insurance?
If you have ever purchased renters’ insurance, you understand that its coverage is restricted to personal items and liability should someone be injured on the rental property. Homeowner’s insurance works a little bit differently. Although it also covers liability and, of course, personal property, its most vital role is to cover the house itself.
The majority of homeowner’s insurance policies offer coverage for the following:
- Residence: This covers the cost of any damages to your home’s structure, such as the foundation, roof, and walls when caused by occurrences such as vandalism, storms, or fire.
- Other structures: Additional structures on your property that are not part of your house, such as fences, sheds, and detached garages, are also covered.
- Liability: Liability coverage is designed to protect you from lawsuits if someone who does not live in your home is injured on the premises or if you, a member of your family, or a pet causes damage to another person’s property. A traditional example of this is your child hitting a baseball through a neighbor’s window.
- Personal property: Similar to renter’s insurance, homeowner’s insurance also covers your personal items, like electronics and furniture, should they be destroyed, stolen, or damaged in a covered event. It is worth mentioning that jewelry and valuable collectibles may need a “rider” or an “add-on” endorsement to cover them.
- Additional Living Expenses: If you are forced to stay somewhere other than your home due to covered damages, ALE coverage can cover some temporary costs of living, including meals and hotel bills.
- Medical costs: Homeowner’s insurance covers the medical bills of any guests hurt on your property up to a preset limit.
What Does Homeowner’s Insurance Not Cover?
Homeowner’s insurance covers a variety of potential expenditures, including some that don’t appear to be directly connected to your home, like certain personal liability claims. Your policy is unlikely to cover everything, and depending on where you live, it may be a smart idea to purchase policy add-ons to ensure your property is fully protected.
Every homeowner’s policy will specify exactly what it does and does not cover. For example, homeowner’s insurance does not usually cover:
- Flood damage: A separate flood insurance policy is typically required to cover damage caused by flooding. This means that if you live in an area prone to flooding or a flood zone, you will need to purchase additional insurance. If you are unsure whether or not your home is at risk of flooding, you can check your neighborhood’s flood risk on FEMA’s Flood Maps.
- Sinkhole and earthquake damage: Other disasters that require the purchase of supplemental insurance include sinkholes and earthquakes. Small earthquakes are surprisingly common in Virginia, with nearly 200 taking place in the last five decades. Also, much of the Shenandoah Valley is more at risk of sinkholes because of its limestone substrate.
- Wear and tear: Whether caused by maintenance problems or exposure, general wear and tear is expected and, therefore, not covered.
- Mold damage: Since the cause of mold is usually moisture that has not been properly managed, it isn’t covered by homeowner’s insurance.
- Backed-up sewers: Although you can add supplemental insurance that covers sewer backups, water and other form of damage caused by sewer backups are not otherwise covered.
- Willful destruction: If you or someone who resides in your home willfully damages the property, it will not be covered.
- Valuables: As previously stated, expensive objects such as collectibles, art, or jewelry are unlikely to be completely covered without purchasing additional riders.
- Home Businesses: If you run a business out of your home, you will have to purchase separate coverage to ensure the protection of your business’s property, such as expensive equipment.
Which Claims Are Covered by My Homeowner’s Insurance?
Common claims that are covered by homeowner’s insurance include:
- Slippery stairwells
- Tripping over loose objects or broken pathways
- Falls caused by faulty escalators, stairs, or railings
- Dog bites
- Toxic chemical exposure
- Parking lot accidents
- Falls resulting from overcrowding or inadequate lighting
- Electrical fires and accidents
Homeowner’s insurance coverage often extends to events that take place outside of your home. For example, if a dog attacks you at a local park, your policy may still offer some protection. If, however, you are injured in a car accident caused by a negligent driver, it will not. you.
Intentional Torts, Strict Liability, and Negligence
Most injuries incurred by visitors to your property will qualify for protection under your homeowner’s insurance policy. This refers primarily to slip or trip-and-fall accidents, where you, as the homeowner, will be required to show the accident was not the result of your negligence.
So, what cases meet the requirement of negligence? One example is a dog bite. Dog bites are one example. In most cases, the dog owner’s liability insurance policy covers the associated expenses. Most homeowners insurance policies incorporate liability coverage for bites, meaning that the insurer will cover the costs of any claims filed against the dog owner.
Another example includes intentional injury, such as you decide to throw a punch at a house guest or visitor. Your homeowner’s insurance is unlikely to provide coverage or legal representation for intentional wrongdoing.
Why Call Shapiro, Washburn & Sharp?
Regrettably, homeowner’s insurance policies do not generally cover personal injuries to the homeowner. As helpful as these policies are, they do come with plenty of restrictions. A standard homeowner’s insurance policy will cover personal liability for injuries that take place on your property or those that are caused away from the premises by your pets or family members. These policies can be a boon since medical bills can accumulate rapidly. For instance, in one recent case, we achieved an $800,000 jury award for a client who slipped on a set of improperly secured outdoor stairs at a rental property and broke his left pelvis.
To ensure that you fully understand your case and your legal options, reach out to the Virginia personal injury lawyers at Shapiro, Washburn & Sharp to discuss your personal injury case. To schedule a free consultation, call us at (833) 997-1774 or fill out the contact form on our website. We serve clients across Virginia from our offices in Virginia Beach, Portsmouth, Hampton, and Norfolk.
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