What civil liability cover (responsabilidad civil) in your policy does

Terms used

• Responsabilidad civil — Responsabilidad civil is your legal duty to pay for injury or damage you cause to other people.
• Hogar — A hogar policy is home insurance, usually covering the home, its contents and liability.
• Multirriesgo — Multirriesgo means a package policy that bundles several risks, such as fire, water, theft and liability.
• Asegurado — The asegurado is the person the policy protects, as defined in the policy wording.
• Continente — Continente is the building itself, such as walls, roof and fixtures, as opposed to the contents.
• Fianza — A fianza here is bail or a court bond a judge may require you to post.
• Defensa jurídica — Defensa jurídica is legal defence cover, paying lawyers' costs if you are sued over harm you caused.

Key rules

• Check it is included: Confirm the civil liability section appears in your quote, because very cheap contents-only or fire-only policies may omit it.
• Who is covered: Cover usually reaches your partner and relatives who live with you and depend on you, not people living elsewhere.
• Rented flat: Damage to the flat you rent is excluded unless the policy has a specific clause for rented property.
• Sub-limits: Smaller limits per claim, per victim or for items like pets and staff can apply inside the main limit.

What it does

Civil liability (responsabilidad civil) pays for injury or damage that you or your household cause to other people, up to a limit stated in your policy. It usually sits inside your hogar policy as one section. You do not buy it separately in most cases.

What it pays for

It covers your legal liability to third parties for:

• injury or death (lesiones);
• damage to their property (daños materiales);
• losses that follow from that harm.

It applies to harm from your private and family life, and to harm linked to being the owner or occupier of your home. Typical examples are a water leak that soaks the flat below, an object that falls from your balcony, or your child hurting another child.

It usually also pays your legal defence costs (defensa jurídica) and any bail or court bond (fianza) a court requires.

Spanish law behind it

Anyone who causes damage through fault or negligence must repair it. Parents can also be liable for minor children in their care, and employers for their staff. Parents are not liable if they prove they acted with the diligence of a good parent. The insurer steps in to pay what you would otherwise owe.

Is it in your policy?

Civil liability is a standard section in practically all multirriesgo hogar policies from major insurers, usually with a default limit. Very cheap policies that cover only contents or only fire may leave it out or sell it as an add-on. Check that it appears in your quote before you buy.

How much cover

Home policies typically carry liability cover of 150,000 to 600,000 euros, and a limit of at least 300,000 to 600,000 euros is common prudence. Higher levels, up to 1 million euros or more, are often available as an option.

Sub-limits often apply per claim and per victim. They can also apply to specific items such as the fianza, damage to rented property, pets, domestic staff and consequential losses. Read these in the policy wording.

Who is insured

The insured person (asegurado) is typically:

• you, the policyholder;
• your spouse or de facto partner;
• children and other relatives who live with you and depend on you, including students living away.

The usual condition is that they live with you at the insured address (convivencia). Domestic staff are often covered for their acts in your household's service. Some insurers cover staff only for your liability as their employer.

Check the policy's definition of asegurado if you have an unmarried partner, an adult child at home or a cleaner or carer.

Tenants and owners

Cover for private life is the same for tenants and owners. The difference is the building.

• Owners with building (continente) cover are covered as property owner, for example for leaks, falling objects or facade damage that affects neighbours or others. If you rent your property out, you usually need a policy that covers your role as landlord.
• Tenants are normally covered as occupier, and often for leaks that damage neighbours.

Damage to the rented flat itself is excluded unless you add a specific clause for rented property. Ask your landlord what they expect, and check this clause before you sign a policy.

If something happens

Tell your insurer as soon as harm occurs. Do not admit fault or agree a payment with the other person first. The scenario box below walks through what to do if you injure someone or damage a neighbour's property.

What if you injure someone or damage a neighbour's property?

Make everyone safe first, then call your insurer within seven days. Do not admit fault or agree to pay anything yourself.

What to do at the scene

1. Make sure everyone is safe and stop the harm getting worse. For a leak, shut off the water.
2. If anyone is hurt, give first aid and call 112. Staying and helping is a legal duty, and failing to help can be a crime.
3. Swap names, address, phone, ID and insurer details. Note any witnesses.
4. Take photos and notes of the scene and the damage.
5. Keep every document and receipt.

For damage to a neighbour's home, fill in a joint accident report (parte amistoso) with them if it fits the situation. It records facts, not fault, so fill it in carefully.

What not to say or do

Do not admit fault, promise payment or settle privately with the injured person without your insurer's agreement. Most liability policies say the insurer runs the defence and the settlement. Breaking that clause can cost you your cover or leave you repaying costs.

You can still be polite, help the person and give a neutral account of what happened. Courtesy and first aid are not an admission. Just do not put fault in writing or agree a sum on the spot.

Tell your insurer

Tell your insurer within seven days of learning about the damage or injury, unless your policy gives you longer. Give them everything you have and take reasonable steps to limit the damage.

A late report does not usually end your cover by itself. But the insurer can claim for any harm the delay caused, and it can cut or refuse payment if you were deliberately or seriously at fault. Do not wait.

Do not repair anything until the insurer's loss adjuster (perito) has seen it. Useful papers to hand over include:

• Photos and witness details.
• Any police report.
• Medical reports for an injured person.
• Repair quotes and invoices.

What the policy pays

If the claim is justified, the insurer pays the injured person directly, up to the policy limit. It normally also covers the legal defence, as set out in your policy.

You pay the deductible (franquicia) and anything above the limit. Intentional acts and activities your policy does not cover are excluded.

The insurer must pay the undisputed amount within 40 days of the claim notice. Simple claims often settle within weeks or a few months. Disputed claims and injury claims can take a year or more. Check your policy for your limit, your deductible and which defence costs are covered.

Frequently asked questions

Does my partner or adult child count as insured under the civil liability section?

Usually yes if they live with you and depend on you, but the policy's own definition of the insured person (asegurado) decides. Cover normally extends to your spouse or de facto partner, and to children, including students living away. The common condition is living together at the insured address, so ask about unmarried partners and adult children.

Is civil liability included automatically in a hogar policy?

Yes, it is a standard section in practically all multirriesgo hogar policies from major insurers, usually with a default limit. Very cheap policies that only cover contents or fire may leave it out or sell it as an add-on. Check that the section appears in your quote.

Does civil liability cover damage to the flat I rent?

No, damage to the rented property itself is excluded unless the policy adds a specific clause for rented property. As a tenant you are normally covered for damage you cause to neighbours, such as a leak. Owners who rent out their home usually need a separate policy covering the landlord role.

Who is liable if my child or someone working in my home causes harm?

You can be held responsible for harm caused by minor children in your custody and by employees acting for you. You can avoid this only by proving you acted with the diligence of a good parent. Cover often extends to domestic staff for acts in the household's service, though some insurers cover only your liability as their employer.