This changes by state so I have no idea what applies to you.
But in Louisiana a estimate is done on the car. If the estimate to fix the car is 75% or more of the car value the car is totaled by state law. If the car is totaled they will give you NADA book value for the car plus sales tax on the amount. Of course the money first goes to satisfy any leans on the car.
Now the car belongs to the insurance company. They "can" sell it back to you for what they feel it will bring at auction. If the engine and transmission are still good sit down because the price may shock you. Your one up on them is you are saving them auction; storage; towing fees. The car will be issued a salvage title and needs to be inspected by the state police once repaired to make sure it is road worthy. It does not have to be cosmetically fixed just road worthy.
If they decide to fix the car because you are under the 75% value; but find something later that drives the total price up over the 75% they still have to total the fixed car. I had this happen to me with a 8 day old car. They spent over 10k fixing the car and we got it back. A month later the trans went out and it was proven the transmission failure was caused by the accident. This drove the price of repair up over the 75% mark. They then bought the car from me. While the accident was not our fault I let state farm (my insurance) fix the car under collision. Sure glad I did cause I could see it being a mess dealing with a third party and things like this happening. After a few months state farm got my deductible back from the other insurance and sent me a check.
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Today's Featured Article - Oil Bath Air Filters - by Chris Pratt. Some of us grew up thinking that an air filter was a paper thing that allowed air to pass while trapping dirt particles of a particles of a certain size. What a surprise to open up your first old tractor's air filter case and find a can that appears to be filled with the scrap metal swept from around a machine shop metal lathe. To top that off, you have a cup with oil in it ("why would you want to lubricate your carburetor?"). On closer examination (and some reading in a AC D-14 service manual), I found out that this is a pretty ingenious method of cleaning the air in the tractor's intake tract.
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