What Is the Property Damage Statute of Limitations In Idaho?

If you've had your property damaged or destroyed by someone else in Idaho—whether on purpose or by accident—you could be considering bringing a civil lawsuit over what happened. If so, it's important to understand Idaho's statute of limitations as it applies to property damage claims.

The "Statute of Limitations" Defined

For readers who are unfamiliar with the term, a "statute of limitations" is a law that affects the right to file a lawsuit, by putting a strict limit on how much time can pass before you must get the case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.

Let's look at the property damage lawsuit filing deadline in Idaho, a few situations when the time limit might be extended, where to file your Idaho property damage case, and more.

The Idaho Lawsuit Filing Deadline for Property Damage Cases

In Idaho, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including damage to vehicles), it must be filed within three years, according to Idaho Code section 5-218.

So, if a homeowner wants to bring a lawsuit for physical damage to the exterior of their house after a car crashes into it, that case must be brought within three years in Idaho. The same goes for a vehicle damage lawsuit after any kind of car accident. In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) that someone else caused damage to his or her property.

What If My Property Damage Was Caused By a Construction Defect In Idaho?

A special deadline likely applies to the filing of a lawsuit for property damage caused by a construction defect in Idaho. Idaho Code section 5-241 says that any "tort" action (meaning a suit for physical injury or damage to property) over faulty construction must be brought within six years after final completion of the work. This area of the law can get complicated, so it might make sense to talk to an Idaho attorney if you think your property damage lawsuit involves a construction defect.

Missing the Idaho Lawsuit-Filing Deadline

What happens if the three-year time window has closed, but you try to file your Idaho property damage lawsuit anyway? In that case, it's a safe bet that:

• the defendant (the person you're trying to sue) will file a legal motion asking the court to dismiss your lawsuit, based on the missed deadline, and
• the court will grant the dismissal, unless rare circumstances make an extension of the deadline appropriate (more on this in the next section).

If your lawsuit is dismissed, you've essentially lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to and comply with the Idaho statute of limitations as it applies to property damage claims.

Extending the Lawsuit Filing Deadline in Idaho

For most kinds of civil lawsuits in Idaho—including property damage claims—a number of situations could effectively extend the statute of limitations deadline.

Property Owner's "Legal Disability"

If the property owner is under the age of 18 or has been declared insane at the time the property damage occurs, the three-year clock doesn't start running until this "legal disability" ends (meaning the property owner turns 18 or is declared sane). Note that the filing deadline won't be extended for more than six years for reasons related to a legal disability in Idaho. (Idaho Code section 5-230.)

Defendant's Absence From the State

If the defendant is absent from the state of Idaho after the property damage occurs but before a lawsuit can be filed, the period of absence probably won't be counted as part of the three-year period. But again, a property owner can't rely on this extension for more than six years. (Idaho Code section 5-229.)

Other circumstances may affect the running of the Idaho statute of limitations. If you've got questions about how the deadline applies to your potential property damage lawsuit, an experienced Idaho attorney will have the answers.

Where Do I File a Property Damage Lawsuit In Idaho?

Where you'll file mostly depends on how much compensation ("damages" in the language of the law) you'll be asking for from the person you're suing:

• If you'll be asking for more than $10,000 as compensation for your property damage, Idaho District Court is probably the right place for your lawsuit.
• If you'll be asking for less than $10,000, your property damage lawsuit can likely be filed in one of Idaho's Magistrate Courts.

In either scenario, you'll likely file your lawsuit in the Idaho county where the person you're suing lives, or where the property damage occurred.

Can I File a Property Damage Case In Idaho Small Claims Court?

Yes. If you're not asking for more than $5,000 from the person who damaged or destroyed your property, small claims court might be a good option for your case. Learn more about small claims rules in Idaho. And keep in mind that the Idaho statute of limitations deadline we've discussed here also applies to small claims cases.

Get an overview of the Idaho court system (from the Idaho Supreme Court).

Do I Need a Lawyer for an Idaho Property Damage Claim?

Not necessarily. Paying for an attorney to handle a standard property damage claim might not be worth it, and it can be challenging to find an attorney who's willing to take these kinds of cases. Especially if there's available insurance coverage for your claim, handling the matter yourself and trying to get a fair settlement probably makes the most sense, at least initially.

But if personal injury or some other legal issue overlaps with your property damage, a lawyer's help might be crucial, and this kind of "hybrid" case might be handled on a contingency fee basis, meaning you won't pay for the lawyer's services unless you receive a settlement or court award. Get tips on finding the right lawyer for you and your case.