It sucks that you are being put into a situation like this.
He wrecked it, so why are you having to suffer? He should be the one paying for the damage to repair it. I would make every effort to keep the car. If you're not able to do so, then you have a sticky situation.
Do you attempt to take him to court to provide you a vehicle or have him pay or damages so it isn't totalled out. If he tries to give you an old, paid-off, vehicle, what is going to happen to the money he's no longer paying as car payment/insurance. You & your mom should have a case for child/spousal support. Maybe you could use that money to get a new car.
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