I am not a lawyer, but...If you go to court you'll have to tell your insurance company. All Insurance companies require you to notify them if you are in an accident. Most people don't for minor accidents, but if you decide to go to Court you'll then have to explain to your insurance company why you didn't tell them right away. Take the market value of the, thatís all probably all you'll get from an insurance agency assuming there were no injuries. If cost of repair is greater then value, the car is totaled. Sentiment aside, unfortunately, that is really all your dad would deserve, since buying the same car would make him whole again. Trespass to chattel is a tort. Since damages would be sufficient here, equitable relief is unnecessary.