Legal Question in Personal Injury in California

Most auto insurance policies say the insurer may either repair or total the car at its option. I very much doubt you can make the insurer to declare the car totaled unless you can make a very persuasive argument that it really has been totaled. The insurer has to meet its contractual obligations, but it does not have to do more in order to please you.

You can sue the District if you feel your insurer is not making you whole. But you will first have to make an administrative claim. The claim must be done properly and before a strict deadline. If that claim is denied or ignored (which becomes a denial after a certain amount of time has passed), you will have to sue. That also must be done correctly and before your time runs out.

You should discuss the potential for a lawsuit with your insurer. It might be willing to sue the District for you to recover what it paid to fix your car. Bear in mind that, if you sue without your insurer's involvement, the insurer will probably be entitled to some or all of any settlement and/or judgment you receive.

By hiring an attorney and fighting an uphill battle. If the car was new, then you fight for replacement instead of repair. If it was used, you fight for a higher settlement to offset your claim of value degradation; that would have to be supported by expert testimony.. You might need to sue the bus co to get where you want in settlement. You said nothing about personal injury, which I would have assumed in a serious collision. You will have to sue for that, so the property damage claim would be part of that. If serious about hiring counsel for this, feel free to contact me.