What is the Statute of Limitations on Property Insurance Claims in Louisiana?

In Louisiana, the statute of limitations on property damage claims, including those related to homeowners insurance, is typically one year from the date of the incident or discovery of the damage. This statute of limitations is outlined in Louisiana Civil Code Article 3492. Below we’ll discuss what the statute of limitations on property claims in Louisiana means for homeowners.

Delictual Actions Defined

Civil Code Article 3492 specifies the statute of limitations for “delictual actions.” Delictual action is a legal term used in lawsuits involving some kind of harm. Property damage claims, including those related to homeowners insurance for damage to a home or property, typically fall under the category of “delictual actions” as mentioned in the law.

This means if you suffered property damage and your insurance company did not act in good faith, you must generally file a lawsuit within one year from the date the damage occurred or was discovered.

What to Know as a Homeowner

If you sustain damage to your property, it’s imperative to notify your insurance company right away. Louisiana Revised Stat. § 22:1892 says insurers have just 30 days to settle the claim. If they don’t, you should consult an insurance law attorney to discuss your next steps. 

Throughout the entire claims process, be aware of timelines, keep good documentation, and save all correspondence with your insurance company. This will become especially important if your claim requires litigation. 

To learn more about insurance law in Louisiana including understanding your rights as a property owner, get in touch with us at Kandell, Kandell & Petrie. We are here to support you and help ensure you receive the relief you deserve for your property damage.