Airbnb is an increasingly popular option for travelers both in the United States and internationally. At present, there are over 4 million Airbnb listings in more than 191 countries around the world.
A question that often arises for guests at Airbnb properties is what happens if they are injured while staying at a rental property booked through the company. First, the good news: Airbnb provides host protection insurance of up to $1,000,000 for all hosts. The insurance is primary, which means that is applies first in the event that you are injured and cannot resolve the issue with your host.
Unfortunately, there may be situations where the host protection insurance offered by Airbnb is insufficient, or where your injury is excluded from coverage. For example, if you fell while staying at an Airbnb and suffered a traumatic brain injury, a $1,000,000 limit may not be enough to cover your damages. You must then look to other sources for compensation.
Generally, property owners are required to maintain insurance on their property to provide coverage for injuries suffered by third parties. However, most residential insurance policies specifically exclude coverage if homeowners are using their house for profit. In California, a person is in a “business pursuit” if they are regularly engaging in an activity with an aim to earn profit. Various cases have found that a person need not be engaged in this business pursuit full-time or even receive a major source of income from it. If a homeowner fails to inform their insurance company that they are renting out their home on Airbnb, it could present a problem in recovering damages for an injury.
Similarly, if the host rents the home rather than owning it, renters’ insurance may not cover the liability from an accident to a guest who was renting the property. These types of arrangements can jeopardize insurance coverage, particularly if the renter did not inform the landlord that they were planning to place the home on Airbnb.
Given the complexities of insurance coverage with filing a claim for injuries suffered at an Airbnb, it is important to retain a skilled California personal injury attorney. A knowledgeable lawyer can analyze the facts of your case and help you achieve the best possible outcome.
