Homeowner’s insurance: Fire caused by the insured’s child

A good home insurance policy should be able to cover “head of household liability”, although many still do not understand how this policy works. Fires have become very common in some areas of Spain since the summer of 2022.

It is normal that, like many other people, you are interested in knowing more about what to do in case of fire. In this opportunity, we are going to talk a little more about the civil liability that the head of household has in fires. To be more specific, the responsibilities they have if a child of theirs causes one.

Home insurance: is it possible to claim for a fire?

If you have homeowner’s insurance, yes, you can make a fire claim just like the other people affected by it. However, let us review some important points before proceeding. Once the fire has been controlled and extinguished, it is necessary to act quickly in order to claim for damages.

However, it should also be verified whether or not the event is considered a fire incident. For this, the corresponding regulations and the insurance policies obtained must be checked to know how to proceed.

You should know that, from a legal point of view, fire claims are by far one of the most complicated due to the nature of these events. It is complicated to prove the causes due to the destruction of evidence, which is essential to determine whether one is the victim, the injured party or the tortfeasor.

Home insurance: is it possible to claim compensation for damages?

If you are a person who was affected by a fire, you will be able to claim damages as long as your insurance policy includes these situations. However, we remind again that the insurance coverage will only be valid if the insured has nothing to do with the causes of the fire.

In the above sense, both lawyers and technical experts must work together to collect the evidence needed for the claims. So, what happens if the cause of the fire is the child of one of the insured?

Household insurance: liability of the head of household

By taking out a multi-risk home insurance policy, you are also taking on the
liability coverage, which is very common in the wording of these contracts.
which is very common in the wording of these contracts. If you or any of your dependents, such as a child, cause unintentional damage to third parties, the insurer will cover the damage.

If your child causes a fire and it affects your neighbors, they can make a legal claim against your insurer. Now, the question is whether or not the insurer should be responsible for compulsorily covering these damages. To answer this, we return to the point of proper investigations.

Home insurance: intent and malicious acts

On the other hand, it may be the case that the insurer washes its hands and avoids liability. If it is proven that the fire was intentionally set, i.e., if it was a criminal act, the insurer need not be liable.

Indeed, any proven crime, as well as malicious misconduct, is not insurable. If the case goes to trial, the insurer may try to make it look like the fire caused by your son was arson so as not to cover the damages.

Home insurance: get the right advice

It is very important to have good insurance and to be aware of the policies it contains. However, it is just as important to get proper advice or good lawyers before signing any such agreement. For this reason, Carlos Baño León Abogados offers one of the best services.

If you live in Alicante, you can count on excellent legal services when you need them most, especially in these types of fire cases. Learn more about our services on our website and contact us if you have any questions.

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