QUESTION

Is this a personal injury case and how much damages can they get?

Asked on Jan 31st, 2013 on Automobile Accidents - New York
More details to this question:
My daughter's friend is suing through supreme court (over state limits) my daughter and myself after the friend was in a car accident with my daughter. Both girls were released from er the same day (sept 2011). But the friend claims severe injuries.What type of lawyer is best for the case? How to proceed? I was served 1/30/13 the papers.
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1 ANSWER

Plaintiffs Personal Injury Attorney serving Buffalo, NY at Gelber & O'Connell, LLC
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Hopefully you and/or your daughter advised your insurance company of the accident at the time it occurred and are on notice of this claim.  If not, there could be an issue raised as to the timeliness of your notice to them. You need to immediately contact the insurance company who provided insurance for the vehicle involved in the accident at the time of the accident and, if your daughter had separate insurance at that time, her insurance company also needs to be immediately contacted. You will need to send them a copy of the lawsuit papers served on you by certified mail, return receipt requested, so that you have proof of receipt.  You should also advise them as to how you and your daughter were served with the papers.  The insurance company should appoint an attorney to defend both you and your daughter in the lawsuit. If you and your daughter were personally served with the suit papers, you will have 20 days within which to serve an answer.  If you were not served personally, you and your daughter will have 30 days in which to serve an answer.  In either instance, an extension can be requested from the attorney representing your daughter's friend.  If your insurance company has not responded to your communication before the deadline we would suggest that you contact your family attorney to assist you in obtaining an extension of time so you can pursue a defense from the insurance company.   
Answered on Feb 01st, 2013 at 3:40 PM

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