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Does Homeowners Insurance Cover Sidewalk Repair?

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Source: democratandchronicle.com

The sidewalk is a mobility barrier separating your home from the street which is used by thousands of pedestrians. Repairing cracks in the pavement is not just a good neighborly trait, but it’s required by law. There are numerous potential injuries that a broken pavement could cause to pedestrians, bicycle riders, and all residents in the area. If their safety is compromised, you can be held legally liable for their injuries. In some cases, the insurance company may threaten to cancel your policy if you don’t fix the damage. It’s your legal responsibility to carry out maintenance on the pavement to prevent accidents. This guide will focus on pavement repair and how that relates to your homeowners insurance coverage.

So, does homeowners insurance cover sidewalk repair? No, homeowners insurance does not cover sidewalk repair because the policy doesn’t cover maintenance. It is up to the homeowner to maintain their sidewalk and fix holes that might lead to accidents. The only exception is if the sidewalk was damaged due to a covered peril such as a tree collapse. However, most sidewalk ruptures happen from ground freezes and long-term degradation that are not covered by insurance policies. The insurance company will ask you to fix the pavement to avoid a liability insurance claim.

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Is The Sidewalk Your Responsibility?

Sidewalk maintenance is a shared responsibility between the city and the homeowners. If you live in an HOA community, the association might fix the broken pavement. This also depends on your location. In some cities, homeowners are responsible for fixing the sidewalk in front of their homes. If this is the case in your state, insurance won’t cover you even if the sidewalk was damaged by a named peril.

If the city repairs the sidewalk, they’ll send you an invoice for the work. There are different regulations on the city and municipal level. The bottom line is that you don’t want to ignore a broken sidewalk because it could cost you hundreds of thousands in liability damages.

The wrong assumption is that sidewalks are public property and consequently a public responsibility. If we analyze prominent court cases, we’ll conclude that city administrations are trying to shift the burden of maintenance onto homeowners. This is especially the case for homeowners residing in suburban communities. In urban areas, the apartment association is responsible for sidewalk maintenance.

The Supreme Court of Masochists ruled that all homeowners in MA are liable for the removal of snow and ice from their property. If anyone is injured from an icy sidewalk accident in Massachusetts, the state holds the homeowner liable. Major cities in the US are changing the laws to hold property owners liable for all sidewalk accidents adjacent to their property. Even if you weren’t aware the sidewalk was dangerous, you could be held liable.

The best way to protect yourself is to fix the damage to the sidewalk and boost the liability insurance on your homeowners plan. Insurance companies will allow you to increase liability coverage from the standard $250-500K up to a few million at a small premium increase.

Insurance experts recommend clients increase their liability coverage, especially during the winter months when slip and fall accidents are rampant. If you live in a snow-prone state, you may be legally required to shovel snow/remove ice within the first 24 hours after a storm. If you fail to do so, the city can fine you. Even though the fine is unlikely to leave you bankrupt, you should be more concerned about lawsuits connected to slip and fall injuries.

How To Repair The Sidewalk

There are few repairs you can carry out to your sidewalk even if it seems to be in decent shape. You can carry out a short investigation to determine whether the sidewalk could be dangerous in the event of heavy rain or snowfall. The following is a list of sidewalk repairs that you can carry out to be safe:

  • Gaps. If you have a vertical gap on your sidewalk, the gap could pose a trip hazard. This means bicycles, electric scooters, or wheelchairs might not be able to pass safely. Hire a contractor to patch up the gap and even it out. If there are large holes, you may have to replace the sidewalk entirely.
  • Low Edges. The sidewalk could become a trap for water and pool a lot of water if it’s lower than the curb. You may have to elevate it a little for balance. This becomes a major slip hazard when you have rainfall
  • Vegetation. If the sidewalk is not maintained regularly, you could have weeds growing all over the place. These can also pose a trip hazard.
  • Personal Items. Remove any personal items from the home that could make people slip on your sidewalk. For instance, make sure you don’t leave any children’s toys on the way. Move the water hose for the lawn away from the main sidewalk to make way for pedestrians.

Pro Tip: Consult the local city administration or HOA community about any repairs. They may help you patch up the sidewalk for free or give you a work permit if you want to carry out the repairs yourself.

Consequences Of Sidewalk Injury

If someone is injured on your sidewalk, you’re going to be held legally liable but the insurance company will most likely defend you. Slip and fall accidents can cause minor injuries such as bruising or bone fractures, but if the person falls on their head they could have a concussion. Even if the community was responsible for the sidewalk repair, you may be held legally liable.

There is a clause in every homeowners policy that states you’re entitled to a certain amount in liability insurance that will cover your lawyers, court fees, and settlements. This will include medical payments to the injured person and lost wages if they have a disability. To prevent this from happening you consult city officials about the damage and hire a licensed contractor to carry out repairs.

As mentioned, different regulations apply to all states and communities. The only way you can know if you’re responsible for the maintenance is to consult your local city administration or insurance company. There are cases when even if you’re covered by liability insurance, the insurance company can refuse to pay out your claim on the premise that you already knew the sidewalk was dangerous. This is why advance prevention is paramount and you should investigate your sidewalk for potential hazards.

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