Legal Question in Real Estate Law in California
I would like to know the statute of limitation for property damage/negligence. I have serious termite damage. My house was fumigated 2 years and the fumigation failed and have to be refumigated.
I have a claim for property, but I might end up having to litigate if this matter does not resolve soon.
The discovery for the initial damage was October 2009. The claim started in the middle of December 2009 with the insurance company.
I am battling with the insurance with regards to this claim. The claim is still open. I received payment from the surety company for fumigation.
1 Answer from Attorneys
The statute of limitations for property damage is generally three years. However, your question references a possible claim with an insurance company, which might well have a different statute of limitations. I'm not sure from your question what kind of insurance policy is at issue, but if it is your homeowners insurance, then the statute of limitations is likely one year from when you discovered the damage in October 2009, subject to tolling. Tolling means that the period of time from when you first report a claim to your carrier to when it reaches a final decision on your claim does not count towards the statute of limitations. If you are in fact dealing with your homeowners insurer, that means the statute of limitations probably has been tolled on your claim since December 2009.
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