It isn’t uncommon to help out a friend with home maintenance tasks, but what happens if you get injured in the process? Can a claim be made for medical expenses against their friend’s homeowners’ insurance? These kinds of uncomfortable situations come up surprisingly often and people are almost embarrassed to find answers. It isn’t a betrayal of a friendship to know the recourses for getting medical bills taken care of and house damages repaired.
This situation brings up an important discussion about the role of homeowners’ insurance in covering injuries that occur during home maintenance. The personal injury and estate planning attorneys at Clear Counsel Law Group approach these questions from different angles.
What Does Homeowners’ Insurance Cover?
First, you need to understand that homeowners’ insurance policies differ. Each policy outlines specific coverages and exclusions. Generally, these policies cover injuries that occur on the property, but how the injured party is classified (as a social guest or a professional worker) can affect the claim.
The blanket term premise liability deals with aspects of fault and the duty of care at a property. This doesn’t differ much from business to homes. In both instances the relationship of the property and the legal status of the injured person matter.
- A friend at your home is an invitee, a person that you ask to be around. They are to be treated with a certain level of care and their status can be revoked by you at any time.
- A professional worker is a licensee, they are invited to the property to perform a task. They take on more liability than a guest/invitee, but they are still owed some amount of care.
- This differs from a trespasser, some person that just wanders onto your property. You don’t owe them a duty of care beyond not intentionally setting traps or going out of your way to lure and harm them.
These three legal statuses make a big difference to how a claim is made against homeowners’ insurance. Some clauses and provisions specifically include invitees while others specifically exclude licensees. Generally speaking, policies tend to act the same against trespassers.
Social Guests vs. Professional Guests
In the case of performing maintenance, if you’re doing it as a favor without any payment, you’d likely be considered a social guest. In this scenario, the homeowners’ insurance might cover your injuries under its general liability coverage. However, if you’re getting paid for the work, you might fall into a professional category, even if you are not licensed or specifically qualified to do the work.
Being compensated by the homeowner can complicate things in general but this becomes worse (for both parties) if the work being done requires licensed professionals. Some policies may exclude professional work from coverage, or they might have specific conditions for such situations.
For example, an individual is injured while doing paid maintenance in someone’s garage. Due to the specifics of that homeowners’ insurance policy, they were able to receive compensation for their injuries. The key factor was that they were getting paid, which aligned with the policy’s terms.
This is where the licensed professional part comes back. In the above situation, if the work was electrical in nature, this often requires someone licensed by the state or specifically contracted by the utility company. Tampering with meters, links to the street power, etc. can fall into criminal territory and fines. A friend working on these types of repairs with your permission can void your policy and even increase your rates.
If that same friend misrepresents their qualifications and does the work without your knowledge, that could place them in the trespasser category and protect your insurance, but it certainly wouldn’t be a way to pay for injuries to that friend.
Bartering and Compensation
Another interesting point is the concept of bartering. If you’re doing maintenance as a trade-off for a service (fixing a garage door because the homeowner watched your dog), it could still be seen as a form of compensation. Whether this counts as being “paid” and how it affects your eligibility for a claim can be complex. It often requires a detailed look at the insurance contract and possibly some legal research.
What Should You Do?
If you find yourself injured while doing home maintenance for someone else, it’s wise to consult with a personal injury attorney. They can help you understand the specific homeowner’s insurance contract and determine under what category you fall – as a social guest or a professional worker. This will influence your ability to make a claim for your medical expenses.
It is best to get guidance and clarity on these matters before contacting your insurance provider. They are interested in protecting their bottom line and limiting payouts, statements provided to them can be used against you in collecting fair compensation. Remember, each situation is unique, and having professional guidance can make all the difference in ensuring your rights and interests are protected.