rearended

[tommyboytc]

What is the name of your state? texas My wife had her brand new vehicle for one week and was rearended. She has had back and neck pain and has visited a doctor. The other drivers insurance is paying for repairs and has offered to settle the rest. How much should they be offering? My wife missed only two days of work and had one doctors visit, but has had pain for several days.Also, Is there extra compensation for value of the new vehicle now that it has been wrecked?

 

[teflon_jones]

How much should they be offering?

Medical bills plus damages to the vehicle plus possibly some small amount for pain and suffering.

Also, Is there extra compensation for value of the new vehicle now that it has been wrecked?

No. Texas doesn't support diminished value claims per American Manufacturers Mutual Ins. v Schaefer, 124 SW3d 154 (Tex 2003).

 

[ceara19]

What is the name of your state? texas My wife had her brand new vehicle for one week and was rearended. She has had back and neck pain and has visited a doctor. The other drivers insurance is paying for repairs and has offered to settle the rest. How much should they be offering? My wife missed only two days of work and had one doctors visit, but has had pain for several days.Also, Is there extra compensation for value of the new vehicle now that it has been wrecked?

It stopped being a NEW vehicle the minute it was driven off the lot. She may have only had the car for a week, but if she were to sell the car, it would still no longer be considered "new", whether or not the accident ever occured. Repaired properly, the accident has no affect on the value of the car.

As to the injury settlement, I would wait to accept anything until the pain subsides.