The civil liability guarantee is an integral part of any home insurance, whether you are a homeowner or a tenant. It covers damages accidentally caused to a third party or to property belonging to others. Let’s take a closer look at what it encompasses and its limitations.
The two types of civil liability guarantees in home insurance
There are two types of civil liability guarantees within home insurance:
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- Private civil liability: it covers bodily or material damages caused to a third party by yourself, a person, or an object under your responsibility. For example: if your dog knocks over a cyclist in the street, the private civil liability of your multi-risk home insurance policy will cover the damages incurred. You can find more details on the Generali France website.
- Occupant and/or owner civil liability: it is included in all home insurance contracts and concerns real estate. If you own a property, it applies in case of damages caused to neighbors or third parties due to a fire, explosion, or water damage originating from your home.
Note: If you are a tenant, this civil liability covers you in case of material damages caused by yourself or a person under your responsibility to the movable and immovable property of the owner, as well as to third parties and neighbors in case of fire, explosion, or water damage.
Exclusions from the civil liability guarantee in home insurance
The civil liability guarantee of your multi-risk home insurance policy does not cover all damages caused, particularly those resulting from extreme sports activities such as injuries caused to a third party while paragliding. For civil liabilities related to the use of motor vehicles, it is necessary to take out a specific guarantee (e.g., car insurance).
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For your civil liability insurance to be activated, three criteria must be met:
- Damages must have occurred, whether moral, bodily, material, or immaterial;
- A fault must have been committed without intent: due to lack of attention or negligence, for example. In the case of a fire, the Civil Code specifies that the civil liability of the occupant towards their neighbors and/or owner is engaged if the latter has not committed an intentional fault, but if the fire was caused by imprudence or negligence, then it is referred to as unintentional fault;
- A causal link between the fault and the damage must be established: if this is not the case, your civil liability will not be engaged.
Civil liability and home insurance: obligations and coverage
In the context of home insurance, the civil liability guarantee is mandatory for:
- Tenants;
- Owners of a condominium unit;
- Landlords.
For owners of a single-family home, home insurance and civil liability guarantee are not mandated by law. However, they remain strongly recommended due to the significant risks that their absence can represent.
What is covered
The civil liability of the home – or occupant civil liability – covers you in case of damages caused by a fire, explosion, or water damage. Here are some examples:
- If you are a tenant, it covers you for damages caused to the owner’s property or movable goods, to your neighbors, to a third party, or to the common areas of the building if you live in an apartment.
- If you are an owner, your civil liability is engaged for damages caused to your neighbors, to a third party, or to the common areas in case of a disaster (fire, explosion, or water damage), but also to tenants if you are a landlord.
What is not covered
It is important to know the exclusions of your civil liability guarantee:
- Damages intentionally caused by the insured;
- Damages resulting from professional activities carried out in the insured dwelling;
- Damages related to motor vehicles, for which specific insurance is required.
The civil liability guarantee in home insurance is a key element to protect your assets and avoid heavy financial consequences.