Insurance laws vary by state so you may ask for your vehicle to be replaced but it is very doubtful that would occur in most states. It depends if you have elected to have replacement coverage. Most carriers and states do not offer this coverage.

Normally under typical physical damage coverage, if the cost of repairs is about the same as or more than the value of the vehicle then it is declared to be a total loss.

When a car is totaled out the insurance company will usually offer you the actual cash value (ACV) of your vehicle. This is not the same as your loan amount. Many times you will owe more on your loan then what the vehicle is worth since after a vehicle leaves the dealership and becomes “used” it depreciates in value.

If your car is totaled out and you have GAP insurance you should be able to place a claim to pay the balance on your loan after the actual cash value has been paid out. Gap insurance pays the difference between the ACV and what is owed on the loan.

You will need to check with the claims adjuster on your claim with the at-fault party’s insurance company to find out if you can receive a rental allowance or get reimbursed for renting a car while your vehicle is repaired or until they make you a settlement offer. Usually this “loss of use” is provided to you (since you are unable to use your vehicle during this time) but not all insurance policies have this benefit. Due to this you will need to find out if the other person’s insurance policy allows you to be reimbursed for getting a rental car or not.