I've been rear ended 3 or 4 times in 02's ove rthe last 25 years. when it happens it's hard to avoid and I don't think the 02 is very visible. Anyway when there is no contest as to who's fault it is there is no way that the innocent party should come out with a loss. All you want is to be back where you were prior to the accident (that's at a minimum assuming no medical or psycho problems, etc.). The civil courts would defend that. Of course no one wants to go to court including the insurance company. The easy way out is to total the vehicle and give you something way less than what you had before the accident. I would refuse any claim at this point and start doing your homework. Get your receipts together, get written appraisels from shops, dealers, etc., get ads for similar vehicles in your area (yes- determine market value not blue book value), get estimates for repair and keep the one from the shop that YOU want to do business with. Flood the insurance with your paperwork and wait for a second offer. I am sure it will be different than the first. If you don't get enough money to repair the vehicle then they should give you enough to place it with a comparable vehicle. This may take time and patience. Remember you were not at fault here.