You can sue for anything, but why would you even consider filing such a frivolous lawsuit? If I were on a jury you would get nothing, and I would dare say, no jury or judge will award you one cent. You have no mental & emotional stress from your car being hit, when you weren't there. This is one of the things wrong with this country. People suing for any little thing.
No, you cannot sue for emotional stress. You would be laughed out of court. Ever watch Judge Judy? Take the money and focus on replacing your car, not frivolous lawsuits.
An insurance company declares a vehicle totaled when the cost to fix the vehicle exceeds 70% or more of its market value.
I was most relieved to find out that my insurance company agreed with my statement that it had been totaled. I came out ahead when my expenses were totaled up.
I totaled my Mustang and was able to buy it back from the insurance company. They gave me the Blue-Book value less my $500 deductable. They would not insure it after I repaired it, I had to switch insurance carriers to get coverage.
The insurance company will pay the finance company not you.
If you have the proper insurance or you were hit by someone you will surrender the car and the title to the insurance company and they will pay you the actual cash value of the car before it was hit.
The insurance company. They have in theory bought the car or what was left of it.
When a vehicle covered by insurance gets wrecked, the insurance company looks at how much it will cost to repair. If repairing the bike costs more than it is worth, then the insurance company declares it totaled and pays for a replacement.
Once a car is totaled it is gone. Usually the insurance company takes the car for them to sell and get some extra money and if it is claimed as a totaled vehicle I would not recommend driving it on the street where you can hurt yourself or someone else.
It would depend on why the car was totaled and who's fault the accident was and what time of insurance do you have PLPD or Full Coverage
The insurance company will make you an offer.
The insurance company will pay you the worth of your car minus your deductible.
Legally, if the company pays you for the totaled vehicle, it belongs to them. You can offer (if they don't) to by the scraps back. This would be deducted from your settlement and you would be paid the difference.