Liability insurance explained
Property damage liability is your legal liability to pay compensation when you physically damage, destroy or cause the loss of use of someone else's tangible property. It matters because it is one of the two core triggers, with bodily injury, for public, products and motor liability cover.
Part of: Public liability insurance
In short
In UK liability policies, property damage usually means physical loss of or damage to tangible property belonging to a third party, often extended to loss of use of that property. Public liability covers property damage caused by your business activities, products liability covers damage caused by products you supply, and motor policies must cover damage to property under the Road Traffic Act 1988, with a permitted minimum of £1.2 million per accident. Common gaps include property in your care, custody or control, the cost of redoing your own work, and pure financial loss. Professional indemnity policies often exclude property damage altogether.
Liability policies pay sums you are legally liable to pay as compensation for injury or damage you cause to others. Most UK wordings define property damage along these lines, subject to the policy terms:
Three things usually fall outside the definition. Pure financial loss (a client loses money without any physical damage) is generally a matter for professional indemnity rather than public liability. Electronic data is commonly not treated as tangible property. And damage to your own property is a first-party loss for a property policy, not a liability claim.
Liability also has to exist. The insurer pays where you are legally liable, usually in negligence, nuisance, under statute or (to a limited extent) under contract. A contractual promise to pay for damage regardless of fault may go beyond what the policy covers.
Public liability insurance covers property damage and bodily injury to third parties arising from your business activities, typically at your premises or while working elsewhere. This is where most trade and contractor property damage claims land, from water leaks to fire spreading from hot works.
Products liability covers property damage and injury caused by products you make, supply or repair after they leave your control. Under section 5 of the Consumer Protection Act 1987, the strict liability regime covers property damage only where the property is ordinarily intended for private use and mainly used privately, excludes damage to the product itself, and awards nothing where the property damage is £275 or less. Claims by businesses are usually brought in contract or negligence instead.
Section 145 of the Road Traffic Act 1988 requires a motor policy to cover liability for damage to property caused by or arising out of use of the vehicle on a road or other public place in Great Britain. Under section 145(4)(b), the policy may cap that property damage cover at £1,200,000 for any one accident (the figure in force since 31 December 2016). The policy need not cover damage to the vehicle itself, goods carried for hire or reward, or property in the insured's custody or control. Many commercial motor and fleet policies offer higher property damage limits, which can matter where a vehicle hits a building or rail infrastructure.
Employers' liability covers injury to employees, not damage to property, so property damage claims fall to public, products or motor cover.
These scenarios are illustrative only.
| Issue | Usual position | What to look for |
|---|---|---|
| Care, custody or control | Commonly excluded under public liability | Extensions for premises worked on, or customers' goods |
| Property being worked on | Damage to the part being worked on often excluded | Wording that limits the exclusion to that part only |
| Faulty workmanship | Cost of rectifying your own work excluded | Cover for resulting damage to other property |
| Contractual liability | Covered only where liability would exist anyway | Indemnity clauses in contracts |
| Pure financial loss | Generally outside public liability | Separate PI or financial loss extension |
The care, custody or control exclusion trips up many businesses. If you take a client's equipment back to your workshop, store goods for others or work inside occupied premises, damage to that property may fall outside public liability. Extensions are often available, sometimes with a lower sub-limit, and some risks are better placed under goods in trust or contractors' all risks cover.
Check the excess too: property damage claims often carry a higher excess than injury claims, especially for heat or water damage.
Many PI policies contain a bodily injury and property damage exclusion, on the basis that those claims belong under public or products liability. The exclusion is commonly drafted with a carve-back, so that property damage arising from a breach of professional duty, such as negligent design or advice, remains covered.
The difference matters. A designer whose drawing leads to a collapse needs the PI policy to respond, because public liability commonly excludes claims arising from professional advice. Read the two policies together so the gap does not open between them. Our guide to consequential loss under PI explains how financial loss following damage is treated.
Usually physical loss of or damage to tangible property belonging to someone else, often including loss of use of that property. Examples include water damage to a client's home or fire damage to a neighbour's building. Pure financial loss, data and your own property are commonly outside the definition, subject to the policy terms.
Section 145 of the Road Traffic Act 1988 allows a motor policy to limit property damage cover to £1,200,000 for any one accident. That is the legal minimum for property damage. Many commercial motor and fleet policies offer higher limits, which can matter if a vehicle damages buildings or infrastructure.
Often only in part. Many public liability policies exclude damage to property in your care, custody or control, or to the specific part you are working on. Extensions are commonly available. The cost of putting right your own faulty work is usually excluded altogether, though resulting damage to other property may be covered.
PI policies commonly exclude bodily injury and property damage, because public and products liability are meant to respond. Many include a carve-back so property damage caused by a breach of professional duty, such as negligent design, is still covered. Check the wording alongside your public liability policy.
Damage a defective product causes to other property is usually covered by products liability, subject to the policy terms. Damage to the product itself, replacement costs and product recall costs are commonly excluded. Under the Consumer Protection Act 1987, property damage claims of £275 or less cannot be brought.
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Get a quote Start a commercial enquiryApex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.