Does Home Insurance Cover Damage Caused By Police?

With all the news about riots and police raids, it’s important to think about how these terrible events might affect your insurance. When police have to break into a home to continue their search for a suspect, bad things can happen, especially when it comes to insurance. Keep in mind that as the owner of the property, you are responsible for any damage that happens during the process, even if you rent out your home.

You can’t just say no to the police when they ask to see something to catch a dangerous criminal, though. In helping the authorities during a police raid, you may end up with extensive property damage. Now the question arises, who is responsible for those damages? Despite popular belief, the police are not responsible. You can get peace of mind, though, by talking to your homeowners insurance agent ahead of time about the chance that this will happen. Your homeowners insurance may not cover all of the damage that happens, so you may have to pay for it yourself.

Contact Perry & Carroll in Elmira for all of your New York homeowners insurance needs. Please don’t hesitate to call us if you want to make sure that your homeowners insurance policy covers enough.

You arrive home one day to find your front door bashed in windows shattered and your home’s interior ransacked. But it wasn’t burglars – the damage was caused by police pursuing a suspect who barricaded themselves inside your house. Will your homeowners insurance policy cover repairs for this type of police-inflicted damage?

Unfortunately, in most cases the answer is no. Damage resulting from lawful police actions and operations is usually excluded under standard homeowners insurance policies.

Below we’ll explain when and why police damage isn’t covered, your options for potentially recouping repair costs, and how to better protect your home going forward.

Typical Exclusions for Police Damage in Home Insurance

A standard homeowners insurance policy is designed to cover sudden accidental direct physical loss to your dwelling and belongings. Key words being “sudden”, “accidental”, and “physical loss”. Damage from intentional acts of others is specifically excluded.

Police must sometimes employ aggressive, destructive tactics to apprehend barricaded suspects and protect public safety. But injuries or damage resulting from planned police operations are not considered random accidents.

Some common homeowners policy exclusions relating to police-inflicted damage include:

Intentional Loss: Damage caused intentionally by police actions is considered purposeful rather than accidental.
Governmental Action: Losses directly or indirectly caused by government agencies and public authorities are generally excluded.
War and Military Action Damage from actual or perceived acts of war invasion rebellion, and other armed conflicts falls under this exclusion.
Nuclear Hazards: This includes radioactive contamination from flashbang grenades that technically emit radiation.
Pollution: Chemical munitions like tear gas are excluded as forms of airborne pollution.
Civil Commotion: Riot, vandalism, looting, and mob violence related to protests or civil unrest is not covered.

So in most situations, homeowners insurance will reject claims for dwelling damage that directly resulted from police action against a criminal suspect.

Police Tactics That Can Cause Collateral Damage

Today’s highly militarized police units utilize aggressive forced-entry and other destructive methods to apprehend barricaded suspects with minimal risk to police personnel. These tactics can easily wreak havoc on your home:

Forced Entry: Police may employ battering rams, shotguns, explosives, torches, and tools to smash through doors and windows.
Structural Damage: Drywall, siding, roofs, and other structural elements can be damaged during forced entry and room clearing.
Chemical Contamination: Tear gas, pepper spray residues, and other chemicals can contaminate interior surfaces.
Flashbang Grenades: These release fiery explosions and radioactive material that can scorch and damage materials.
Vehicle Impacts: Police vehicles may collide with fencing, landscaping, and other external features while attempting to surround a property.
Trenching: Officers sometimes dig trenches to restrict access, damaging landscaping and exterior finishes.
Water Damage: From broken supply lines, fire suppression systems, or water cannons used against barricaded entrances.
Biohazard Cleanup: If a suspect is injured or killed, large quantities of blood and human tissue may require professional remediation.

Even a relatively brief standoff can easily inflict tens of thousands in damage.

Seeking Compensation for Police-Inflicted Damage

Since your homeowners insurance provides no coverage, here are some other potential options for recovering repair costs after police-caused damage:

Local Government Claims: Some cities/counties have victim assistance funds to reimburse damage from police actions, but available payouts are often limited.
Suspect Restitution: You may sue the barricaded criminal in civil court to recover losses, but they likely lack assets to collect against.
Loss of Use Coverage: If you have this optional coverage, it will pay hotel and meal costs while you repair your uninhabitable home, but not the actual property damage.
Landlord Insurance: If it’s a rental property, your landlord policy may offer broader coverage than homeowners insurance, but exclusions still apply.
Charitable Assistance: Groups like religious organizations, victims funds, and charities may provide some financial relief, but there are no guarantees.
DIY Repairs: For relatively minor damage, you may be able to make some fixes yourself and save on labor costs, but this is only practical for smaller jobs.
Out-of-Pocket: Unfortunately, many homeowners have to cover the entire cost of repairs themselves after police raids. But you can take steps to better protect yourself going forward.

Can You Successfully Sue the Police for Damages?

Theoretically, you could file a lawsuit against the local law enforcement agency to seek compensation for property damage. But in practice this is extremely difficult:

Police have broad legal immunity against civil claims for actions carried out in good faith as part of their duties.
Proving “excessive force” requires showing clearly unreasonable conduct beyond typical police procedures. Courts give police wide discretion.
Governmental immunity laws protect many public entities from liability for property damage stemming from employee conduct.

Unless police significantly exceed accepted protocols and standards for warrant executions, forced entries, and barricaded standoffs, your chances of successfully suing them for compensation are very low.

How to Better Protect Your Home

While preventing police damage may not be possible, you can take proactive measures to strengthen your position financially should it occur:

Review Exclusions – Understand exactly what perils your homeowners policy does and does not cover.
Increase Liability Limits – Higher liability coverage improves your chances of being compensated if you successfully sue the suspect.
Ask About Add-Ons – For example, covered loss from theft includes damage from break-ins which may apply in some police raid situations.
Inquire About Ordinance or Law Coverage – This optional addition may cover dwelling damage caused by police enforcing building codes. Availability varies by insurer.
Consider Guaranteed Replacement Cost – This ensures damaged items will be replaced at full cost without depreciation deductions.
Document Your Home – Keep an inventory with photos/video of all possessions and structural features inside and out.
Explore Specialized Products – Extra coverages like representation and liability insurance can assist in disputes resulting from police actions.

Real-Life Examples of Costly Police Damage

Looking at actual cases helps illustrate the potential financial fallout when law enforcement damages property while apprehending suspects:

Broken Door – Police kicking in Tanya’s front door to pursue a fleeing suspect broke the frame and damaged the deadbolt and door. Repairs cost $3,500 which her homeowners insurance refused to cover due to the “intentional acts” exclusion. Unable to afford a lawyer, Tanya paid the full amount out-of-pocket.

Tear Gas Residue – Tear gas fired into Rodrigo’s apartment to force out a barricaded squatter soaked into his walls, floors, and furniture. His $8,000 damage claim was denied due to the pollution exclusion. Rodrigo eventually received $3,000 from a victims fund and $2,500 in donations to offset some costs.

Destroyed Fence – An armored police vehicle crushed Lilah’s fence and garden while surrounding a neighboring house during a standoff. Her insurer denied her $20,000 repair claim due to the governmental acts exclusion. Lilah took out loans to fund fixing the damage.

As you can see, repair bills from police damage can create extreme financial hardship for innocent homeowners. Take all possible steps to avoid being victimized, but be prepared if it happens.

The Bottom Line

If your home suffers collateral damage between police and a criminal suspect, don’t expect your homeowners insurance to make you whole again. Intentionally destructive acts by law enforcement are excluded under most policies.

You’ll likely need to pay for repairs yourself, then try options like suing the perpetrator or seeking government victim compensation funds – but neither route guarantees reimbursement.

Going forward, understand your policy’s limitations, document your home’s condition, and explore special coverages to offset potential damage costs. While uncommon, the financial risk is high if it happens. So be prepared.

Law Enforcement Damage Covered by HomeOwners Insurance Policy?

FAQ

What is the most common damage to your home that insurance does not cover?

Earthquake and water damage In most states, earthquakes, sinkholes, and other earth movements are not covered by your standard policy. Earthquake insurance can be purchased as an endorsement (an addendum) for an additional fee in all states except California.

What are examples of commonly covered and not covered homeowners insurance situations?

Damage or destruction due to vandalism, fire and certain natural disasters are all usually covered. So is your liability if someone is injured on your property. Certain catastrophes, like flooding or earthquakes, are generally not covered by basic homeowners policies and require specialized insurance.

What does physical damage home insurance cover?

It pays to repair, replace, or rebuild your home’s structure after a covered peril. This could include fire, theft, vandalism, or a weather event such as lightning, wind, or hail. It could also cover damage from external forces like a falling tree branch.

Which of the following would be covered by a home insurance policy?

Well, homeowners insurance helps protect you, your home and your belongings from all sorts of unexpected events. And with a standard policy you’ll get four key types of coverage: dwelling, other structures, personal property and liability.

What happens if a home is damaged from a homeowners insurance claim?

If you experience damage to your home that is significant enough, you may need to find temporary accommodation while your home is repaired from a covered claim. Fortunately, most standard homeowners policies include loss of use coverage, also known as additional living expenses coverage.

Does homeowners’ insurance cover accidental harm?

You probably already know that your homeowners’ insurance covers you when wind or fire damages your house, or when someone is injured in an accident (like a slip and fall) while on your property. But what about accidental harm you might cause while you’re away from your property? In this article, we’ll discuss:

Does homeowners insurance cover damage to my home?

Homeowners insurance covers damage to your home from fire, heavy wind and other disasters. Many, or all, of the products featured on this page are from our advertising partners who compensate us when you take certain actions on our website or click to take an action on their website. However, this does not influence our evaluations.

Does insurance cover home repairs?

While insurance covered some of the home repairs, it didn’t cover the full amount of the value of the home or personal possessions, and today, nearly five years later, Lech is still paying the loans he had to take out to repair the massive damage done by the local police department.