To answer your #1 question - State laws and insurance companies' guidelines can differ but in general if your car is totaled out you will only receive the actual cash value (ACV) of the vehicle and not be able to keep the car unless you either pay the insurance company salvage value for the vehicle or have salvage value taken out of your ACV settlement check.

In some states, such as Illinois, you may only be able to keep a car that is declared a "total loss" if it is 9 years or older to minimize chop shop crime. In almost all states if you have a loan on the vehicle then the settlement check would be made out to the lien holder or you and the lienholder.

#2 - If the insurance company determines your vehicle to be totaled out then it is doubtful that you can change their claims adjuster's mind or insist that the vehicle be fixed. A car is normally totaled when it is not economically beneficial to fix the vehicle or the repair costs plus salvage value, plus rental reimbursement expense equals or exceeds its ACV.

Some companies consider a damaged vehicle a total loss when the total cost to repair it exceeds just 51 percent of the vehicle's actual cash value (because of added storage costs, rental car, etc.), while others don't consider it a total loss until it is at 80% of the ACV.

So if the insurance adjuster determines your damaged car to be totaled out, they will want to pay you the actual cash value and not fix the car. Unless your state laws are different than most, the insurance company has the right to offer you the ACV and you cannot insist that they fix the car instead.

If you are not satisfied with the ACV offered you can try to negotiate a higher settlement amount if you can prove your vehicle was worth more than what is being offered. Also in many states if you are using your collision coverage your insurance policy allows that if you cannot reach an agreement on the amount to be paid for your totaled vehicle you can demand an appraisal.

Normally an appraisal allows you and the company to hire separate damage appraisers. The two appraisers choose a third appraiser to act as an umpire. The appraisers then review your claim, and the umpire rules on any disagreements.