Frame Damage Contributes to Diminished Value

I was recently in an auto accident that was not my fault.  I am dealing with another person’s high risk insurance company.  I would like for my vehicle to be totaled as there is extensive frame and suspension damage, and I use the vehicle as a towing vehicle.  The insurance company refuses to do this because the damage is less than 75% of the vehicle’s value.

Can I make a claim that for the diminished value as part of the initial claim when fixing the vehicle or do I have to wait until the insurance company fixes it?  I will not be keeping the vehicle and suspect I am going to take a major loss on it.  I also wonder if I can demand a new frame rather than just fixing the current one?  They were quick to send me a check with the estimate, but I have returned the rental car and am not agreeing to anything without thinking my options through!

Thank you for any information you can give me in proceeding.  This is my first wreck and is all very new to me!!

Amber
St. Albans, WV

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