If the other driver is at fault, you need not use your

own collision coverage. Thus, the claim should be paid by the other driver's liability insurance, assuming sufficient policy limits for property damage. You may still face the same issue with them in terms of whether the vehicle is a total loss, which should objectively be determined on whether the cost to repair exceeds the fair market value (FMV) prior to the loss. I would add and emphasize the additional element of the value of the free supercharging (how much would you pay annually without it over the expected remaining service life of your car?) and make that part of the value of the claim. And of course the same make and model should be used; how can one determine FMV using another Tesla model?

Many insurers "total" a car regardless of cost to repair based on age or mileage. Not always fair, but that's what they do, or try to do.

Again, not legal advice, from a no-longer attorney.