Originally Posted by tvpierce

First off, when determining "book" value, go with NADA (not KBB). NADA stands for National Auto Dealers Association: so who do you think the figures favor in that book? Exactly, the dealers... so the prices are higher.

Also, this would be a totally different situation if the accident were your fault and you were dealing with YOUR insurance company. You have a "contract" with your insurance company. You've agreed to an annual premium based on the replacement value of your car as determined by "book" value. If you feel the car is worth more than "book" then you need to speak with your agent and pay a higher premium for a higher replacement cost.

You have no "contract" with this insurance company. They don't just owe you some arbitrary figure for your car, they need to make you whole. You had a perfectly functioning, well maintained car... now you don't! They need to either repair your car to the condition it was before their client destroyed it, or they need to buy you a comparable car.
(The words in bold are the most important.) Why should you have to comb through the classified ads, and ebay to find the car from a private seller? You should be able to get the replacement from a dealer. (so then we're talking RETAIL price)

If they offer a lowball figure, tell them to go ahead and find a replacement for that price. (they won't) And while they're doing that, you'll continue to drive the rental car they are providing. It's amazing how the prospect of them paying $40 a day while you or they hunt endlessly for a car that doesn't exist will motivate them to re-adjust their adjustment.

Good luck, and stick to your guns.