Insurance Company Total Loss

My brand new off the lot car was in an accident on November 4th 2016 by someone hitting the side of my car head on (the other person has no money to their name nor do they have insurance) I was not in the vehicle at the time as my car was parked in a parking lot. My insurance company is covering the entire car (I have full coverage and the best uninsured motor vehicle i can) My insurance company originally told me my car would not be totaled out so I paid my car payment on December 22nd ($491.11) thinking my car would not be a total loss. Yesterday the insurance company called and told me it would now be a total loss (not many details given as to why) they called back today saying it would not be a total loss anymore (again not many details given) My car is worth around $24,000 Kelley Blue Book but I still owe about $27,000 on the car. I have gap insurance to cover the rest of the amount if totaled. However the insurance company wants to put it under a "Structural Total Loss" I read that this is a rare total however I want to know.....

Is there a difference between "Structural Total Loss" and a "Constructive Total Loss"

Is there anything I can do legally to say get my car payment i wasted back?

Is there anything to do via mental stress of the insurance company flipping back and forth on it being totaled or not totaled?

I have a voicemail of them telling me it was totaled I do not have a voicemail of them calling back 24 hours later to tell me it is not totaled.

Thanks in advance for any information you may have.