Legal Question in Civil Litigation in Georgia

I am in GA and I was recently rear-ended while sitting in traffic. The person who hit me was cited for texting while driving. My vehicle was totaled and I had to purchase another vehicle. An attorney has told me that I can file a claim with the insurance company (of the person who was at fault) for medical expenses, lost wages and pain & suffering. However, I also need restitution for the money that I had to come-up with for a down payment to purchase another vehicle as well as all of the time that it has taken for me to handle business matters concerning this accident. Could I file a small claim/lawsuit against the person who was at fault? I


Asked on 3/18/15, 7:44 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No you cannot seek "restitution for the money that I had to come-up with for a down payment to purchase another vehicle as well as all of the time that it has taken for me to handle business matters concerning this accident." I am sure your attorney has already told you that and he'll help you with what you can recover.

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Answered on 3/18/15, 2:56 pm
David Burns David H. Burns, P. A.

The attorney you spoke to gave you correct information regarding your claim for personal injury. Regarding your claim for property damage: if your vehicle was a total loss, you are entitled to the total loss value plus loss of use for a reasonable time while you are replacing it. If it was repairable, you are entitled to the cost of repair plus loss of use for a reasonable time while it is being repaired, plus diminished value due to it having been wrecked. You are not entitled to the other things that you mention.

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Answered on 3/19/15, 9:10 am


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