Does Home Insurance Cover Damage Caused By Police?

You arrive home to find your front door bashed in, windows shattered, and the interior ransacked. But it wasn’t burglars – the damage was caused by police pursuing a suspect who barricaded themselves inside your house. Will your home insurance policy cover the costly repairs?

Unfortunately, the answer is usually no. Damage from police activity is considered an intentional act and excluded under most homeowners insurance policies.

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

Standard Exclusions for Police Damage

A typical home insurance policy only covers sudden accidental direct physical loss to your dwelling. Key word: accidental. Damage from the intentional acts of others is specifically excluded.

Police carry out planned tactical actions to apprehend suspects and protect public safety. So injuries or damage resulting from their operations are not random accidents.

Some common homeowners policy exclusions relating to police damage include:

• Intentional loss: Damage caused by intentional acts of law enforcement is considered purposeful, not accidental.

• Governmental action: Loss caused directly or indirectly by government agencies and public authorities is generally excluded.

• War and military action: Damage from actual or perceived acts of war, invasion, rebellion, and other conflicts falls under this exclusion.

• Nuclear hazards: This includes radioactive contamination from any nuclear reaction, radiation, or other nuclear hazard. Police may employ flashbang grenades that technically emit low-level radiation.

• Pollution: Chemical munitions like tear gas are forms of airborne contaminants excluded as pollution losses.

• Civil commotion: Riot, mob action, vandalism and looting related to civil unrest, protests, and terrorism is not covered.

So in nearly all cases, homeowners insurance will reject claims for dwelling damage directly resulting from police action against a criminal suspect.

What Tactics Can Cause Collateral Damage?

Many modern militarized police units use aggressive forced-entry and other destructive methods to apprehend barricaded suspects with minimal risk to officers. These can easily wreak havoc on your home:

• Forced entry: Police may employ battering rams, breaching shotguns, explosives, torches, and other tools to smash through doors and windows.

• Interior/exterior damage: Drywall, siding, roofs, and other structural elements can be damaged during intrusion and room-clearing.

• Chemical munitions: Tear gas, pepper spray residues, and other chemicals can contaminate interior surfaces.

• Flashbang grenades: These release fiery explosions and bursts of radioactive materials that blacken and damage materials.

• Vehicle impacts: Police vehicles may collide with walls, fences, landscaping, and other external features.

• Moats/trenches: Officers sometimes dig trenches around a location to control access, damaging landscaping and exterior finishes.

• Water damage: From broken supply lines, fire suppression systems, or direct water cannon use against barricaded entrances.

• Biohazard cleanup: If a suspect is killed or injured, large quantities of blood and human tissue may require professional cleaning and remediation.

The financial impact can total tens of thousands of dollars even from a relatively brief standoff scenario.

Seeking Compensation for Police Damage

Since your homeowners insurance won’t assist, here are some alternative ways to recover repair costs after police-inflicted damage:

• File a claim with your local jurisdiction: Some cities and counties have victim assistance funds to reimburse damage caused during police actions. But available payouts are often limited.

• Request restitution from the suspect: You can sue the barricaded criminal in civil court to recover your losses. But they’re unlikely to have assets to collect against.

• Use your loss of use coverage: If you have this optional coverage, it will pay for hotel and meal costs while you repair your uninhabitable home. But it won’t cover the actual property damage.

• Claim under landlord insurance: If you rent out the damaged property, your landlord policy may provide broader coverage than a homeowners policy. Still, exclusions likely apply.

• Hope for charitable assistance: Religious groups, victims funds, and other charities may provide some financial relief. But there are no guarantees.

• DIY the repairs: If damage is relatively minor, you may be able to make some fixes yourself to save on labor costs. But this is only practical for smaller jobs.

• Pay out of pocket: Unfortunately, this is how many homeowners have to cover repairs after police raids. But you can take preventative steps for the future.

Can You Sue the Police Department?

In theory, you could bring a lawsuit against the local law enforcement agency for compensation. But in practice, this is extremely difficult:

• Police have broad immunity against civil claims for actions carried out in good faith as part of their official duties.

• Proving excessive force requires showing clearly unreasonable conduct beyond typical 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 standards and safeguards for warrant executions, forced entries, and standoffs, your chances of winning a lawsuit for compensation are very slim.

How to Better Protect Your Home

While preventing police damage entirely may not be possible, you can take proactive measures to improve your position should the unthinkable occur:

• Review your policy exclusions – Understand exactly what perils homeowners insurance does and does not cover to avoid surprises.

• Increase liability coverage – Higher liability limits give you a better chance of being compensated if you successfully sue the suspect.

• Ask about special add-ons – For example, covered loss from theft includes damage from break-ins. This might apply to forced police entries in some cases.

• Inquire about ordinance or law coverage – This optional addition may cover dwelling damage caused by police enforcing building codes. Availability and specifics vary by insurer.

• Consider guaranteed replacement cost – This ensures damaged items will be replaced at full cost without deductions for depreciation.

• Document your belongings – Keep a home inventory with photos/video of all possessions and structural features inside and out.

• Explore specialized products – Extra products like representation and liability coverage can assist in property disputes resulting from police actions.

Case Studies: Real Damage from Police Raids

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

###Broken Down Door

Police pursuing a fleeing suspect kicked down Tanya’s front door, breaking the frame and damaging the deadbolt and door. Repairs cost $3,500, which Tanya’s homeowners insurance refused to cover due to the “intentional acts” exclusion.

Unable to afford a lawyer, Tanya couldn’t successfully sue the suspect who had no assets anyway. She ended up paying the entire amount out of pocket.

###Tear Gas Residue

Police fired tear gas into Rodrigo’s apartment to force out a barricaded squatter. The caustic chemicals soaked into his walls, floors, and furniture. His insurance denied his $8,000 claim due to the pollution exclusion. Rodrigo eventually received $3,000 from a victims fund and $2,500 in donations to help offset some repair costs.

Destroyed Fence

During a standoff, police drove an armored car through Lilah’s fence and crushed her garden while attempting to surround the neighboring house. Her homeowners insurance refused to pay the $20,000 estimate for repairs due to the governmental acts exclusion. Lilah had to take out loans to fund the repairs.

As you can see, cleanup and repair bills after police damage can create extreme financial hardship. Do everything possible to avoid being the victim of collateral damage. But if it occurs, be prepared for an uphill battle to receive fair restitution.

The Bottom Line

If your home gets caught in the crossfire 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 handle repairs yourself, then try suing the perpetrator or seeking government victim compensation funds. But neither path guarantees reimbursement.

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