Can an uninjured man from an auto-accident sue?

I was involved in an auto accident a year ago and the guy is now suing my wife instead of me. He refused medical treatment at the scene to fire rescue and the sheriff’s office. He told everybody he was fine and needed nothing. His truck had a very minor damage. Now his attorney responds back today saying they want $25,000 or they will sue my wife. He refuses to get any shots or further medical treatment other than pain pills. My 5 year old was in the front seat of my truck which was totaled and he wasn't even injured but this guy is claiming all kinds of injuries. He had no injuries at all after the accident. He was even picking up his kids and laughing and playing with them. Do I have anything to worry about? Why is he suing my wife and does she has anything to worry about?

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Answered By: Law Office of Jared Altman

She may be the owner of the car. I wouldn't worry. Sounds bogus to me. Let you're insurance company handle it.

Answer Applies to: New York
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Dwyer, Black & Lyle, LLP

It's more common than not to not notice an injury days, weeks and sometimes months after a crash than it is to notice them immediately. Our bodies change to stimuli or trauma and the results are known to us for some time, especially when adrenaline is pumping. In some cases it is very obvious, (I once played a soccer game with a wrist broken in 2 places) and in others, not so (I had a client who didn't know she had a herniated disc for 6 weeks after a crash). So it happens and I wouldn't worry about it too much. It's likely he is injured worse than you know. There are very few people out there that can convince several doctors, lawyers, etc. that they are injured when they aren't. Also, people have been rear-ended in drive-through's and herniated discs in their back. You can herniated a disc when sneezing, so don't consider the damage to the vehicle too much. Especially, when your truck was totaled. Plus, kids are indestructible. When they fall, they get a cast and are playing again. When adults fall, they get surgery. It's nature. Now, this person must satisfy the serious injury threshold in NY. It's too complicated to explain here but, it is difficult to achieve. If he cannot, then he gets no pain and suffering or general damages. I assume you have insurance as you are required to in NY. Why isn't the insurance company handling this for you? That is their job. If you whacked the guy and he can satisfy the serious injury threshold, make your insurance company pay them and get on with life. If they do sue you, your insurance company will provide you with an attorney to defend you. That attorney must keep your interests in his mind, not your insurance company. Remember that.

Answer Applies to: New York
Replied: 10/25/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.