Hit/damaged brand new car 2008 with 3000 miles, repair or demand new car?

Thank you for your thorough input, which helps greatly.

My insurance agent estimated as well, and said it IS repairalbe.
Two estimates are $1000 difference, though, my insurance agent (less cost) said he would be happy to add on as the repair goes on and some other problems are found.

The responsible insurer knows that NOW they have to cover the medical expense, and rental.

Good news is that I have gone to the Police Diestrict to view the report - which has not be officially sent to me, nore the insurance companies.
The report clearly states that the other driver ran through the red light and hit my car.
That was a good relief.

Sorry to hear about that. Sounds like somebody could have been injured.
I think you will have a tough time getting the insurer of the at-fault vehicle to total out the car. It doesn’t really matter what you paid new for it. It is calculated on how much it was worth at the time of the loss. Since it has 3,000 miles, it was not brand new. The damage estimate reports would likely be prepared by the insurance appraisers. Assuming its about $9-10K, will still have a tough time getting them total it. What you can TRY to claim is “diminished value” in addition to the repairs.
You may be able to convince the at-fault ins. co to pay you more because a a new(or unique) car with such a major repair is worth less, even repaired.

I certainly would not have liked if my WRX got hit the first year I drove it.

Make em give you a new one,you probaly wont be happy with a patched up one-Kevin

Thank you so much for your sympathy.
I will inform my lawyer about the 'diminished value’which should be ompensated by the responsible insurer.
The at-fault insurer will not authorize anything to cover the cost, insisting that their insured is denying/in fact, lying that I ran through a red light.
However, last Monday, I visited the police district to view the official report which clearly stated that the offensive driver ran through the red light and hit my car at left rear end. Since I was not fully conscious, I did not see whether the officers issued a traffic ticket or not.
At least, the report has a solid conclusion, plus I have a witness.

I do really appreciate your king advice… I indeed injured my nerve and receiving treatment.

Again, whatever the police report says is something to be argued over in court.
The fact that a cop wrote something down on paper is not the final word on this matter since the other party and their insurance company is denying responsibility.

Did the cop actually see the other party run the red light? No. And you can bet your bottom dollar this will get brought up in court if it reaches that point.
What if the other party says that YOU ran a red light and they nailed your car in the left rear? It’s all open for debate.

You should also keep in mind that if you wind up in court over this you can bring the officer who wrote the report in as an “expert witness”. However, since this would be a civil matter you are going to have to pay him to do this.
You can also bet the other side’s attorney will question that officer very hard on his opinion about an accident and a traffic light that he did not even see.
Odds are that hired guns (accident reconstructionists) may have to be hired and then you’re dealing with a he said/she said there too.

You’re in real muddy water on this so don’t assume for a second that the other side is simply going to pony up.
One of the best things you’ve got going for you is the eyewitness if they’re impeccable in character. Even then, this case is not a slam dunk in your favor.