Am I liable if someone gets hurt in my timeshare, even if I’m using my points and going to different places than the place I bought and is there insurance for this?

  1. 21750 POINTS
    Jim Winkler
    CEO/Owner, Winkler Financial Group, Houston, Texas
    That is a great question! The short answer is it depends. If I assume correctly that this is a points based timeshare arrangement, one of those "vacation club" kind of things, then it typically falls upon the resort management's policy. But if you've traded, sold or otherwise allowed someone else into your space on your time, then you may possibly be liable, depending upon the terms of the contract that you signed. If this is a property that you are an owner of for a specific number of years, then the liability issues may be more yours than the true property owners. Again, it will depend entirely on the policy exclusions that were in the contract you signed at purchase. If you own the property, most likely it's you.
    My recommendation is to take a look at your contract and see, and if you cannot find it, contact the company and have them send you a copy. You will have a better idea where you stand after looking at the terms. Good luck, and thank you for asking!
    Answered on August 31, 2015
  2. 2777 POINTS
    Terry A. McCarthy, CLU, ChFC
    President, Insurance Associates Agency Inc., West Chester, OH
    Let's be realistic, your home is where you are at and a reasonably understanding of liability means you can be held responsible for the injuries a guest suffers while in your home. Your responsibility in any event isn't likely to absolve the property management company (or the property owner) of liability (or at least a duty to defend themselves) because no self-respecting plaintiff's attorney would let a potential pocket full of money get by him or her in the process of assigning liability. The good news is that if you have home insurance you have some amount of liability insurance to protect for the injuries that someone may suffer as a consequence of your negligence anywhere you are at. That includes the time share you have bought and including the property you have traded for in your time-share relationship. Now, none of the latter should be construed to make you liable for any event, only to clarify that you are indeed responsible for your actions and that includes the space you may be occupying as a temporary residence, whether a time share or a hotel room. How much liability you have depends on plenty of things we could speculate on but the answer above stands for itself. Even if you are found to be free of liability, the cost of defense and getting to that point in time after an event is still costly and your liability coverage includes the benefit of defense against these allegations. Liability is expensive to defend and costly to pay for in the absence of insurance so a basic understanding of the tort of negligence and your duties is all I intend to imply in the latter answer.
    Answered on September 3, 2015
  3. 12 POINTS
    Jamie Kristjanson
    Independant Agent, Insurance Unlimited, Bozeman MT
    Time shares running as short term vacation rentals should have some sort of commercial liability on them. There is a great company CBIZ Vacation Rental Insurance Insuring these types of vacation rentals all over the US. I used to work for them and can still help if you are in AZ or WY. But all other states should contact them directly.
    Answered on October 20, 2015
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