When a Car Comes Through the Fence, the Garage or the Front Wall

On this page:

• The first hour
• The driver's insurance comes first
• Where your homeowners policy fits
• If the driver drove off
• Your own car, and public vehicles
• Getting the house repaired
• At a glance

It happens more often than people think: a driver misjudges a curve, confuses the pedals, or has a medical emergency, and a car ends up in a living room, through a garage door or across a front yard. Once everyone is safe, the questions are practical. Whose insurance pays, how much, and in what order?

The first hour

1. Check for injuries and call 911. Tell the dispatcher a vehicle has struck a building, so the fire department can check for structural and gas hazards.
2. Stay out of damaged rooms until the structure has been checked. Shut off gas only if you smell it and can do so safely.
3. Photograph everything before the car is removed: the vehicle, its plate, the path it took, and every area of damage inside and out.
4. Get the driver's details. Drivers involved in an accident must exchange their name, address, license number, the vehicle identification number, the owner's address and their insurance company and policy number with property owners present.
5. Call your homeowners insurer the same day, even if the driver's insurer will pay most of it.

The driver's insurance comes first

Damage to your house is property damage the driver caused, so the driver's property damage liability coverage is the first source of payment. The problem is the limit. California's minimum is $15,000 for property damage per accident, under Vehicle Code section 16430, and repairing a wall, a garage, a porch or a foundation can cost more than that. Many drivers carry more than the minimum, and some carry the minimum or less than they should. The driver's limits decide how far their policy goes; anything beyond them is the driver's personal responsibility.

The driver also has duties of their own. If the crash caused more than $1,000 of damage to any one person's property or injured anyone, the driver must file an SR-1 report with the DMV within 10 days.

Where your homeowners policy fits

Homeowners policies commonly cover damage to the dwelling and other structures caused by vehicles, subject to your deductible, and may cover additional living expenses if the house cannot be lived in while it is repaired. Personal belongings damaged in the crash may be covered too. How each of these works varies by insurance company, so read your own policy or ask your agent.

Your homeowners insurer can pay you and then pursue the driver and the driver's insurer for reimbursement. That is often the faster route when the driver's limits are low or their insurer is slow, and if your insurer recovers, you may get your deductible back. Renters have a different picture: the building is the landlord's to claim, while a renters policy may cover your belongings.

If the driver drove off

A driver who damages property must stop at the nearest safe place, find and notify the owner or leave a written notice with their name, address and what happened, and notify the police or CHP without unnecessary delay, under Vehicle Code section 20002. Leaving without doing so is a misdemeanor. Report a hit-and-run to the police immediately, collect any camera footage from your home and neighbors, and tell your homeowners insurer. Uninsured motorist property damage coverage on an auto policy generally applies to your car, not your house, so the homeowners policy is usually where a hit-and-run on a building lands.

Your own car, and public vehicles

If the car belonged to you or someone in your household, the picture changes. Auto liability coverage generally does not pay for damage to property you own, so the house is commonly a homeowners claim and the car a collision claim. If a city, county or state vehicle hit your house, a claim against the public agency for property damage generally must be presented within six months under Government Code section 911.2.

Getting the house repaired

Vehicle impacts can do hidden structural damage, so ask whether a structural inspection is warranted before cosmetic repairs begin. Get written estimates, keep every receipt, including emergency board-up and temporary housing, and do not sign a release with the driver's insurer until you know the full cost of the repair.

At a glance

If this has you wondering whether your own property damage limit would cover someone else's home, you can compare higher limits with a licensed broker.