Wulf,
Did you try civil court or small claims court?
Sounds like a case of, failure to safely secure the load , to me.
Crager,
If they do try to total it, DO NOT ACCEPT THE FIRST SETTLEMENT OFFER.
You should start doing research on finding a vehicle in comparable condition and print copies.
If you need more info , let me know. I've been through this and got a decent settlement from Farmers ins. (one of the companies mentioned in the total loss scheme).