Amicable payout being the key words. Most of my family is in the insurance business so I have been well informed over the years. Most Insurance companies will just give you actual cash value which is gonna be blue on whatever condition grade they think is right for them. SO if there is a lien on the car you most likely going to be in a negative position..
IF however this was a accident involving another vehicle and the crash was not your fault you have far more leverage on the insurance companies. You could easily demand that that since the wreck was their fault that you want the cost of replacing or returning your car to the condition it was before the accident occurred. They call it fair market value. I have personally been in this situation myself.
Your situation is that it's just you and your going to have to fight them for every dime you can get. My advice is if you really want the car to be fixed then go for it though it may be easier on you if you get what you can out of them and let them keep it then find another one. Take every mod you can get away with before they take it. The damage on your car from what I can see in the pictures does not look super severe but the age of the car will force the insurance company to total loss it and there is probably not much you can say or do to get them to not total it and repair it. Also most of the time dealers and lenders will (and at times demand it) GAP insurance be added to the price of the loan in case the car is totaled and your policy only provides up to actual cash value on the car.
I've been in your shoes once when I was but a boy and it's very a frustrating situation. Good luck either way, I'm not trying to make you feel worse here but trying to give you my perspective on what will most certainly happen in the end,
Brian
EDIT: Look at your auto policy declarations and see what they are supposed to pay up too in a total loss event. IE: It may say something like ACV (Actual cash value) somewhere near the section that describes the limits on the comprehensive and collision side of the policy. Usually any other added elements of coverage's will be listed separately around this area. Again, the only other thing that will help you avoid any upside down situations will be if you have GAP insurance with your lender or a separate policy somewhere else. Gap insurance is a must have these days because most cars depreciate quickly over time. Every insurance company has their version of GAP or higher payoff coverage. I bought a brand new Tacoma in 2013 and I paid cash for it so I had to add new car replacement in case it got totaled.
IF however this was a accident involving another vehicle and the crash was not your fault you have far more leverage on the insurance companies. You could easily demand that that since the wreck was their fault that you want the cost of replacing or returning your car to the condition it was before the accident occurred. They call it fair market value. I have personally been in this situation myself.
Your situation is that it's just you and your going to have to fight them for every dime you can get. My advice is if you really want the car to be fixed then go for it though it may be easier on you if you get what you can out of them and let them keep it then find another one. Take every mod you can get away with before they take it. The damage on your car from what I can see in the pictures does not look super severe but the age of the car will force the insurance company to total loss it and there is probably not much you can say or do to get them to not total it and repair it. Also most of the time dealers and lenders will (and at times demand it) GAP insurance be added to the price of the loan in case the car is totaled and your policy only provides up to actual cash value on the car.
I've been in your shoes once when I was but a boy and it's very a frustrating situation. Good luck either way, I'm not trying to make you feel worse here but trying to give you my perspective on what will most certainly happen in the end,
Brian
EDIT: Look at your auto policy declarations and see what they are supposed to pay up too in a total loss event. IE: It may say something like ACV (Actual cash value) somewhere near the section that describes the limits on the comprehensive and collision side of the policy. Usually any other added elements of coverage's will be listed separately around this area. Again, the only other thing that will help you avoid any upside down situations will be if you have GAP insurance with your lender or a separate policy somewhere else. Gap insurance is a must have these days because most cars depreciate quickly over time. Every insurance company has their version of GAP or higher payoff coverage. I bought a brand new Tacoma in 2013 and I paid cash for it so I had to add new car replacement in case it got totaled.
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