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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Chalat Hatten & Koupal PC | Linda Chalat
Denver, CO
The answer to your question is two-fold; he can bring a claim so long as he files his lawsuit within three years of the accident, but given the facts as you present them, he is unlikely to prevail. You should contact your insurance company that provided coverage at the time of the accident - they will handle the claim and your defense.

Answer Applies to: Colorado
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.

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