Who should get the car after accident?

i got into a car accident a few months ago, still haven't found out what the insurance company's haven't decided on fault but my car was totalled. I got the ticket for faliure to yeild, civil no injuries just car damage. the car was given to me by my uncle for good grades and getting a scholarship about a month before. Now school is gonna start up again soon so we;ve been talking about buying another car from the money from my car. My older brother has been arguing that he should get the car since he got '98 nissan(which was my mom's car before her new one) and my mom agrees.. they keep on saying i got away easy and that i deserve punishment but I think I should get the car, it was my car that got totalled and it wasn't like i was gunning to get into the accident and i wasn't being careless