Auto Insurance Claims: Total Loss out of state policy holder, avis rental car, salvage value

Question
My vehicle was totaled about two weeks ago by a Mass. driver in an Avis rental car in Texas.  I got the run around for two weeks and his insurance company has finally decided to settle with me.  They said the value of my car was $5800, but were only going to pay me $4400 because the salvage value was $1400.  My insurance is not involved as I did not have collision on the vehicle, but both companies found him 100% at fault.  In Texas I understand that they are not allowed to abandon a totaled car on me like this, but cannot get that in writing. The at-fault driver's insurance company is stating that they know of no such law and have asked me to send them proof.  Neither my insurance company, nor the collision shop has ever heard of a company trying to do this, so I am wondering what my rights are and how I peruse full reimbursement.  Also, I have been without transportation for since the accident two weeks ago.  Any advise or knowledge about which state's law takes precedent and what I can do to be "made full"?

Answer
The laws of Texas will apply.  

I also have never heard of an insurer doing this.  You always have the right to retain the salvage, and if you do, they would deduct the salvage value from your settlement.  But to my knowledge, they cannot force you to take the salvage if you do not want it.  They should pay the repair cost or the full actual cash value, whichever is less.

They also owe you the cost of a rental vehicle from the date of loss until the date they offered to pay for the damages.

I would complain to the supervisor.  If this does not work, I would complain to the Texas department of insurance.