Don't know about the laws there but here in TN if it reaches 75% of the value then they have to total it. I have a body shop here, if somebody is needing the work they will cut their labor to keep the job. Just make sure they don't try to put any of that aftermarket sheetmetal or other pieces on it. They say they are just as good as OEM, but they are not!!
Pretty much the only sheetmetal that isn't aftermarket used in the collision industry anymore is only the sheetmetal that they don't make aftermarket. That's not necessarily a bad thing though either, as long as you go to a good shop. The difference is, and why people think "aftermarket" is bad, is that bad/shady shops think it's a paint it and bolt it on and out the door thing. Anyone that's done any real bodywork will tell you that it takes alot of work, fitting, adjustment, even modification to get the part to fit correctly. That all comes before they prep, paint the jambs, and then final assemble it for final paint. Alot of shops have guys working on what is essentially commission.. if you can make a $1k sale in 3 hours vs 5 or 6 hours and start working on another $1k deal waiting for you, it gives you alot of incentive to cut corners and do shady work. I went to college for collision while working at a body shop, and then worked full time in a quality body shop for another 2 years. I can't tell you how many times I saw CRAP body work, out of every single other (3) body shop in town. We rarely used OEM parts, usually aftermarket, sometimes used parts. I guarantee only a seasoned bodyman would be able to tell the vehicle was repaired, if he was looking very closely. Bottom line, you just need to find a very good shop. Here's a tip, they usually aren't at a dealership, and if there hasn't been hail in your area lately they'll be busier than the other shops. If you have a good insurance agent, call them and ask what their "preferred" shop is, or if they can tell you where most of the people request to take their vehicle if they request other than the "preferred" shop.
BTW, if it was the other guys fault (or yours for that matter), it's gonna be pretty much impossible to get their insurance to put OEM parts on it. Trust me, I tried it when an OBVIOUSLY drunk driver had backed into my GF's car in the middle of the night and luckily left a note, not that I wouldn't have figured it out since it was at the end of said drunkys driveway. We wanted to get it totalled and buy it back for me to fix, since it was only worth $2500 or less anyway and needed a new rear door, quarter panel work and paint on roof, quarter, rear and front door. I even had the shop I worked for fighting for me, and they are the PREFFERED shop for 2 big insurance companies. Bottom line, find a good shop, and you won't know what parts are on it. Good luck!
