can i get more than the car is worth

Under Ohio law, for property damage arising from an automobile accident, you are entitled to the cost of repair of the vehicle or the fair market value of the vehicle on the date of the accident, whichever is less.   If your car is not totalled, but is repaired, then you may also be entitled to the difference between what the car was worth prior to the accident and what it is worth after the repairs.  Generally speaking, a car that has been in an accident and repaired is worth less than the same car that has not been in an accident and repaired.  This is known as diminution of value.  But if the car is totalled by the insurance company, then you are entitled to the fair market value of the vehicle on the date of the collision, plus what the insurance company will earn from a scrap yard for salvaging the vehicle. Also, if your vehicle is totalled, the insurance company must pay the sales tax if you purchase another vehicle within 30 days of receiving the check for your property damage.  However, the insurance company must only pay the sales tax up to what a comparable replacement vehicle would cost.  So if you purchase a brand new vehicle, they only have to pay the sales tax on the amount which is equal to what it would have cost you to buy a similar car of like year, model, make, etc.  You have to purchase the vehicle within 30 days of receiving the check and provide proof of the purchase to the insurance company within 35 days of receiving check.  If you fail to purchase the vehicle within 30 days or provide proof within 35 days, the insurance company does not have to pay your sales tax. Best of luck to you.