How badly damaged is it Daby? If you were particularly attached to it and it is repairable may be worth buying the salvage off the insurance company and getting it repaired.
the car is still yours the insurance dont own it you do
as a third party claim you get a couple of quotes for repairs and you get in touch with his company and they will then offer you a settlement
the quotes will probably be more than the cars worth which is why it becomes unofficially a right off
at no point does his insurance company own your car
they should pay up and its your choice to get the car fixed where you want or how you want
i went through a similar thing a couple of years ago
i had a 2 grand car which someone hit i dealt with the other persons insurance and after 2 quotes they ended up settling the claim and gave me 1900 to fix it
car is still mine and i had 1900 to get it fixed and it wasnt marked as a cat right off