Total loss and loss of use with at fault’s insurance party

Nobody's giving you $39,000 and letting you keep the vehicle if that's what those convoluted figures are leading up to. Low $30s plus keep the vehicle and get a salvage title. Never a good financial decision but I'll leave it to you to figure that out.

If you are making a "demand" make sure you attach a completed, but not filed, lawsuit complaint form to show you know what you are doing.

If you are just willing to negotiate, and settle for under $40k out the door, do it with a phone call. Otherwise you'll put the adjuster's back to the wall and you'll end up having to go through with the lawsuit, which I think you will lose.

But that's just my opinion. I have no way of predicting the outcome. Who knows. The stars may align in your favor.

Yes, do keep us posted.
 
Update;
The insurance company accepted my offer made on the 2nd demand letter which is $43,500 with me keeping the car. Thank you all for your help and guidances i knew this was possible opposed to all the discouragements made by some of you.

My complaints with ca dept insurance and the letter to sue really worked
 
Update;
The insurance company accepted my offer made on the 2nd demand letter which is $43,500 with me keeping the car. Thank you all for your help and guidances i knew this was possible opposed to all the discouragements made by some of you.

My complaints with ca dept insurance and the letter to sue really worked

Congratulations

On an unrelated note, I wonder why so many insurers are leaving California
 

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