Can you sue someone who hit you 6 months later

I was in an auto accident. Cops said it was 50/50, equal fault. I never agreed
with their decision. Case was closed but now the person who hit me is claiming my
insurance needs to pay for her damage 6 months later I clearly had a significant
amount more damage. I also have a audio recording of the incident where she
assaults me, threatens my job, admits to being in the wrong and coerces a
passerby to speak on her behalf. Should I take her to court?

Asked on June 8, 2016 under Accident Law, New Jersey


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A lawsuit can be filed at anytime as long as the statute of limitations has not expired. Therefore, a lawsuit can be filed six months after the incident.
You can sue for negligence, assault, and battery. These are separate claims in your lawsuit. You should file a lawsuit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In your state, you can sue for property damage (e.g. the cost to repair your car; the cost to rent a car while your car is in the shop; etc.) up to 6 years after the accident, so you are well within time to sue. If you believe she was at fault and you have significant costs not paid by insurance, then you probably should sue; for only a few hundred dollars, however, it may not be worth the time and cost of a lawsuit, even in small claims court, however, since you can't recover legal fees (if you hire an attorney), court costs, or for time in bringing the suit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.