Statue of Limitations

[nykolos]

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

 

[racer72]

The statue of limitations in California is located in a park near the capital in Sacramento.

 

[nykolos]

Statute of Limitations

The statue of limitations in California is located in a park near the capital in Sacramento.

A grandpa that cant read, your grandkids must be proud.

 

[dcatz]

What 1 year statute? The SOL in California is 2 years. CCP sect. 335.1.
http://www.leginfo.ca.gov/calaw.html

Am I missing something in your post?

 

[nykolos]

What 1 year statute? The SOL in California is 2 years. CCP sect. 335.1.
http://www.leginfo.ca.gov/calaw.html

Am I missing something in your post?

For some reason I thought it was only a year, perhaps way back when, it was this way. From looking at your link and other web pages, it leads one to believe the SOL is 2 years for personal injury and 3 years for property damage, property damage is what I'm suing for....Thanks for the info.

Nick

 

[MandyD]

A grandpa that cant read, your grandkids must be proud.

Too bad your edit has a time stamp on it. I bet he read just fine. LOL!

 

[dcatz]

it leads one to believe the SOL is 2 years for personal injury and 3 years for property damage, property damage is what I'm suing for....Thanks for the info.

Real property damage in an auto accident? I think you may have gone off the rails again. Read that statute again and consider sticking with the 2 years.

 

[nykolos]

Statute of Limitations

Too bad your edit has a time stamp on it. I bet he read just fine. LOL!

Too bad you dont understand, I was referring to the topic, not the misspell....LOL

 

[nykolos]

Statute of Limitations

Real property damage in an auto accident? I think you may have gone off the rails again. Read that statute again and consider sticking with the 2 years.

I know what your saying, The site I found showing the 3 year SOL for property damage is here: http://www.legalzoom.com/law_library/smallclaims/statuteoflimitations.html

Nick

 

[dcatz]

I'm not sure if further comment is required. Your site would confuse as fast as clarify. If your personal property was damaged in an auto accident, as the consequence of what you allege to be the negligence of the other driver, my suggestion stands.

And, yes, it once was 1 year, but it changed effective 1/1/98.

 

[nykolos]

Statute of Limitations

I'm not sure if further comment is required. Your site would confuse as fast as clarify. If your personal property was damaged in an auto accident, as the consequence of what you allege to be the negligence of the other driver, my suggestion stands.

And, yes, it once was 1 year, but it changed effective 1/1/98.

Thank you..I appreciate the info.

 

[racer72]

A grandpa that cant read, your grandkids must be proud.

Hey Einstein, your great spelling still show up in the title of your thread here. Bet your parents must be proud.



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