Once liability is established against the responsible party, his/her insurance company must either pay the reasonable repair cost of your vehicle or declare it a total loss. If the repairs would cost more than your vehicle is worth, it will be declared a total loss. In that case the insurance company does not have to replace your vehicle with another one but they must pay you its market value. You are entitled to the actual cash value of your vehicle not just the trade-in value. You are also entitled to tax and prorated license fees on your vehicle.
If your car is a total loss and you want to know if the insurance company should buy you a new one, call the Law Offices of Donald S. Sjaarda at 714-963-8216 for prompt attention to your case.