What Is the Property Damage Statute of Limitations In Virginia?

Understand and abide by Virginia's statute of limitations for property damage lawsuits, or your case could be over before it can even get started.

By , J.D. · University of San Francisco School of Law

If someone else's negligent or intentional action ended up damaging or destroying your property in Virginia, you might be considering bringing a civil lawsuit over what happened. If so, it's important to understand the Virginia statute of limitations as it applies to property damage claims.

The "Statute of Limitations" Defined

In case you're not familiar with the term, a "statute of limitations" is a law that affects a potential plaintiff's right to file a lawsuit, by putting a strict limit on how much time can pass before they need to 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 specifics of the property damage lawsuit filing deadline in Virginia, including the (rare) situations in which the time limit might be extended.

What's the Virginia Filing Deadline for Property Damage Lawsuits?

In Virginia, whether your potential case involves damage to real property (your house or your land, for example) or personal property (including vehicle damage), it must be filed within five years, according to Code of Virginia section 8.01-243, which sets this time limit for "every action for injury to property."

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 five years in Virginia. The same goes for a vehicle damage claim after a 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 their property.

Get more details on how property damage claims work.

What If I Miss the Lawsuit Deadline In Virginia?

What happens if you try to file your Virginia property damage lawsuit after the five-year filing window has closed? In that situation, you can count on:

  • the defendant (the person you're trying to sue) making a motion asking the court to dismiss the case, based on the missed deadline, and
  • the court granting the dismissal unless rare circumstances apply to make an extension of the deadline appropriate (more on this later).

If that happens, 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 make sure you comply with) the Virginia statute of limitations as it applies to property damage claims. Even if you're only filing an insurance claim and you're convinced it will settle, make sure you've preserved the court option as leverage during settlement negotiations.

Extending the Lawsuit Filing Deadline in Virginia

A number of situations could effectively extend the five-year lawsuit filing deadline as laid out in Virginia's statute of limitations for property damage cases.

Minor or Legally Incapacitated Property Owners

If the property owner is a minor or is legally incapacitated at the time the damage occurs, they'll likely have the full five years to bring the property damage lawsuit once the period of "legal disability" ends (the property owner turns 18 or is declared competent). Code of Virginia section 8.01-229.

"Obstruction" By the Defendant

If the person who you think caused your property damage "obstructs" the filing of your lawsuit, the time during which the obstruction is going on probably won't be counted as part of the five-year statute of limitations period—the "clock" won't start until the obstruction stops, in other words. Code of Virginia section 8.01-229(D). Examples of "obstruction" include situations where the at-fault person:

  • files for bankruptcy
  • uses a false name, and
  • leaves the state to avoid being "served" with the lawsuit.

Other circumstances may affect the computation of the Virginia statute of limitations. If you've got questions about the statute of limitations as it applies to your potential property damage lawsuit, an experienced Virginia attorney will have the answers.

Where Do I File a Property Damage Lawsuit In Virginia?

Most Virginia property damage lawsuits are filed in one of the two main branches of the judicial system that hear civil cases. The main consideration is how much you're planning on seeking in the way of compensation ("damages" in the language of the law).

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

If you're not planning on asking for more than $5,000 as compensation for your damaged or destroyed property, you can file your case in small claims court in Virginia. Small claims are heard by a special division of the state's District Courts. Learn more about Small Claims Court In Virginia.

Do I Need a Lawyer for a Virginia Property Damage Claim?

The short answer here is that you don't need a lawyer to bring a property damage case in Virginia, even if you're filing a lawsuit in court (that's especially true in small claims court). Paying for a lawyer at this stage might not be worth it unless your losses are significant, and it even can be a challenge to find a lawyer who's willing to take a run-of-the-mill property damage case.

If insurance coverage applies to your claim (i.e. after a car accident, your vehicle damage is covered by the at-fault driver's insurance), handling the claim process on your own might make sense, at least at the outset.

But a Virginia lawyer's help might be crucial if personal injury or some other legal issue overlaps with your property damage. At that point a lawyer might also agree to take your case 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.

Make the Most of Your Claim
Get the compensation you deserve.
We've helped 285 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please enter a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Please enter a valid Case Description
Description is required

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you