The regulations and laws vary from state to state and from insurance company to insurance company for a situation such as yours. Generally though when your car is totaled and another individual is at fault it is their insurance company you will be dealing with.

In this typical situation the insurance company will be obliged to "make you whole" as defined by the in-effect policy. Making you whole basically means you will be left in about the same financial position as you were before the accident, in respect to the vehicle but not in respect to any lease or liens that hold title to the vehicle.

Your vehicle's value is typically determined by comparing vehicles similar to yours condition before the accident by the insurance company. Finding out the value of the vehicle might involve them researching recent sales of like vehicles through auto dealerships or private parties. The condition of your vehicle, options and equipment and mileage are all taken into consideration as well when determining the value. Most insurance companies are quite fair in their valuing of your totaled vehicle.

If you believe the value the insurance company set is too low generally if you can show proof that your vehicle will cost more to replace they will cooperate with you. If you do not feel as if you are getting a fair price after trying to negotiate with the adjuster on your case you can seek legal advice.