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

Answers:

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.


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