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...

Question

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

Answer

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.

Answer

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.