Auto Insurance Claims: Rear end collison, car a loss, now what?, hyundai accent, decent car


Question
I was rear ended two days ago by a women while I was stopped at a red light. My car is a 02 Hyundai Accent, paid off, 40k, and has NO problems except the damage from being rear ended. I bought the car new in January of 03.

The womens insurance company is claiming the car is a total loss as the  estimates were $3600 to repair. If I buy another car that is not new I will lose my free lifetime oil changes as well as my 100,000 warranty.

I cannot afford to buy a new car or have a car payment. The insurance company will not give me enough to get another car with the same features and in the same condition before the accident.

What do I do now? I need a car and this accident was not my fault in any way! Do I have a right to sue the women to be able to by a decent car if I do not get enough from the insurance company?

I was not hurt in any way.

Answer
They owe you the actual cash value of the car.  
They do not owe for any non-refundable or non-transferrable warranties or service contracts.  I would check with Hyundai to see if either would have been transferrable to a new owner.  If so, then that would be the same case with a used Hyundai that you purchase.  I'm sure that the Hyundai used car dealer must be offering something to sell those cars.
Good luck!