Title: How Long Do I Have to Sue an Insurance Company in California?

Denied or delayed claim? Learn the time limits (statute of limitations) for suing an insurance company in California before you lose your right to compensation.

How Long Do I Have to Sue an Insurance Company in California?

By Jasmine Daya, Esq. – Geraci LLP

If your insurance company wrongfully denied or delayed your property damage claim, you have a limited time to act. Waiting too long can cost you your entire case — even if the insurer was clearly in the wrong.

California Statute of Limitations for Insurance Claims

There are two main time limits homeowners need to know:

1. Breach of contract (standard denial of benefits): -4 years from the date the breach occurred (usually the denial letter date)

2. Bad faith (wrongful delay, denial, or lowball offer): Also typically 2–4 years, depending on the case fact

Many insurance policies have their own internal deadlines that shorten the time you have to sue, sometimes as little as 1 year.

When does the clock start?

• Usually the date you receive the denial letter

• Sometimes when the claim becomes unreasonably delayed

• Or when the insurer refuses to act in good faith after repeated efforts

What if I’m still waiting on the insurer?

If your claim is “under review” but nothing has happened for 60+ days, it may already qualify as constructive denial or bad faith. Do not assume you can wait forever — consult an attorney now.

Don’t let time run out

Once the statute of limitations expires, you lose the right to recover compensation, no matter how strong your case is. If you’ve been denied, delayed, or ghosted by your insurance company, contact Geraci LLP today for a free legal review.