Statute of Limitations
This is a California small claims case, I filed a suit against a insurance company for an auto accident, there insured struck my vehicle and the claim was denied. I found out that I should of first filed against the party that hit me, so the judge dismissed the case without prejudice and instructed me to refile, the accident happened on 8/30/04, I filed on or about 8/18/05, (within 1 year) the case was dismissed and refiled yesterday on 11/18/05, my question is, Is the 1 year statute of limitations still in place even though I filed against the wrong party? since it was for the same accident, I would think so...please advise.
Thanks.....Nick
This is a California small claims case, I filed a suit against a insurance company for an auto accident, there insured struck my vehicle and the claim was denied. I found out that I should of first filed against the party that hit me, so the judge dismissed the case without prejudice and instructed me to refile, the accident happened on 8/30/04, I filed on or about 8/18/05, (within 1 year) the case was dismissed and refiled yesterday on 11/18/05, my question is, Is the 1 year statute of limitations still in place even though I filed against the wrong party? since it was for the same accident, I would think so...please advise.
Thanks.....Nick
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