Car does not qualify as a pre certified after unibody repair

Hi,

I was recently involved in an accident in my Mercedes C300. The other party did a left turn right in front of me and I t-boned her. There is substantial damage to my car including unibody damage (driver side rail). The other party's insurance company have accepted 100% liability. I am located in California.

The adjuster is currently saying that it is not considered a total because the current damage only comes to 57% of the value of the car. I worry that the car will never be as safe and that it will have a diminished value.

I understand that the other party is supposed to make me whole and put me back to the position I was in before the accident. Can I argue that my car was a certified pre-owned vehicle before the accident but will never qualify for that status again because of the frame damage and therefore I am not in the same position as I was before the accident?