Auto Insurance Claims: Property damage, responsible persons, insurance company

Question
When there is no question about liability, is the defendant's insurance company responsible for paying 100% of the fair market value of the vehicle being repaired?? I am being told otherwise????

Answer
Hi Rick,

When liability is clear and is accepted 100% by the responsible persons insurance company, they are responsible for paying either the cost of repairs + rental car + diminished value. If the repair cost will exceed 75% of the value of the vehicle it will be declared a total loss in which case the insurance company is to pay the fair market value of the vehicle + sales tax.

I hope this helps
Richard Hixenbaugh