If my child causes damage to someone else, does home insurance cover it?

Question

José Manuel Alburquerque · Accepted Answer

Normally, yes. Parents are liable for the damage caused by the minor children in their care. The family liability cover included in most home insurance policies covers precisely that, because it usually treats your partner and the children who live with you as insured persons. Check in your policy up to what age it covers children and what damage it excludes, such as damage caused with motor vehicles or on purpose. The person who suffered the damage can claim directly against the company with which you are insured. What the law says Parents are liable for the damage caused by the children in their care. They escape liability only if they prove that they exercised all the diligence of a “buen padre de familia” —the reasonable person standard— to prevent it, which the courts rarely accept. If the child is aged between 14 and 17 and what he or she did is a criminal offence, the parents are liable together with the child for the whole of the compensation. The judge may reduce their share if they did not encourage the child's conduct through wilful misconduct or gross negligence. If the damage occurs at school, during school or extracurricular activities and under the teachers' supervision, the school is liable. What the policy says Who it treats as insured. Usually this includes the minor children who live with you and often the adult ones who are still living at home up to a certain age, for example 25 or 30, if they are single and dependent on you. What it excludes. Common exclusions are damage between family members, damage caused with motorbikes or cars and damage arising from professional activities or high-risk sports. Damage caused with an e-scooter that has to be registered is usually excluded, because since 2 January 2026 such a scooter has needed its own compulsory insurance. What the limit on the liability cover is, which needs to be sufficient if the damage is a serious injury. What happens with intentional damage. It is usually excluded. Even so, the victim can claim against the insurer. How far the insurer can rely on that exclusion against the victim is a disputed question. If the insurer pays, the law allows it to recover what it has paid from the insured person guilty of wilful misconduct. There are good arguments for saying that this is not the case with the parents, who did not act on purpose, although it depends on how the policy is worded. What to do Notify your insurer of the claim within the following seven days and give the injured party the insurance details, because the law requires you to do so. Do not admit fault or pay anything on your own initiative without first speaking to the insurer, because many policies do not reimburse anything paid without the insurer's agreement.