I see. Thank you for clarifying the situation Renato.
Since the vehicle is a total loss and is not being repaired, I would typically demand possession of it in writing and take possession of the vehicle if you have not signed over the title. Or call the police if they continue to refuse to return it to you.
Ultimately, your concern is about getting paid for your damages though I suspect. While your insurer would not typically be required to pay more than the Blue Book value unless you had additional coverage, the driver's insurer would normally be required to compensate you for all of your damages since it the other driver was at fault.
However, if they continue to stall, you will likely need to file suit against the driver seeking an award for the damages you have sustained as a result of the accident.
While you could file suit on your own, the maximum you can sue for in small claims court is $5,000 and suspect your damages are much more than that, so it would be best to retain an attorney to represent you in this matter. A demand letter from the attorney may be enough to resolve this if they wish to avoid a lawsuit. If not, then litigation will typically be necessary.
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