Auto Insurance Claims: My Mercedes was hit and I think it should be totaled!!, 2008 mercedes c300, diminished value

Question
I was driving down the right hand turn lane going about 10-15mph when.....POWWW a Ford Explorer rammed into the entire front driver and side portion of my 2008 Mercedes C300 with 11,000miles on it!  The car and truck both had to be towed and the car was not derivable and tons of engine parts and what not was completely torn up and the radiator had busted!  The entire section of the car IS GONE and the car has been shifted back an inch or so making the door not working properly now too!!  I have researched and figured out the the same car now only sells for 28-30k on ebay and I paid 42k for it when I bought it.  I already have a guy doing a diminished value report for me, but is there any way I can convince them to totaled it!  I have to be in a rental for TWO months and quite frankly I don't want a new car that has been smashed like this...Thank you for any help you can offer!  My cousin and I were both injured as far as our backs, necks, and shoulders go as well as having nonstop nightmares since this horrible wreck.  Thanks so much!!

Answer
Hi Christopher,

The insurance company will only total the vehicle if the cost of the claim will exceed 75% of the value of the car. So if the cost of repairs plus the rental car plus the diminished value add up to 75% of the value of the car then it should be totaled. You should request that the body shop do a complete teardown in order to properly assess the damage and write an accurate estimate. Then add the other items I mentioned and if the total add up to 75% or more you should demand that the insurance company total the vehicle.

I hope this helps
Richard Hixenbaugh