Auto Insurance Claims: total loss and loss of use, 1997 ford aerostar, ford aerostar

Question
We were hit 1 month ago and we have no settled with the insurance company yet ( other party at fault does loss of use accrue until we do settle?  the reason we have not settled is we feel from our research, they have offered too low an amount for what the vehicle was worth (total loss) they wont move on there amount what do we do now?  
1997 Ford aerostar 146,000 mile, we just had new engine put in in nov. 2002 all new hoses belts and all the other insides!!  new tires and brakes the day befor the accident.  there was some other side damage on they vehicle from a month befor that was scuduled to be fixed this summer when we can afford the down time on the vehicle. can they hold this value against us? and can we add for the new engine? we have also suffered in the mean time some business down not having this vehicle when the other one had to go in for repairs can we ask for they down time? they have offered us 2500 for the vehicle and 500 loss of use we keep the van . the estimate on repairs was more than 4200  have located 5 like it valued from 3995. to 6995 of course not with a new engine nor other damage though. CWE DONT KNOW WHAT TO DO NEXT?

THANK YOU

Answer
Dear Steve,

They owe you the cost to replace your van with one of like kind and quality, plus sales tax and license transfer fees. This value is subject to factors such as the recent engine replacement and other improvements such as the tires. However, just as the improvments added to the value, the high mileage and pre-existing damage detracts from the value, regardless of your intent to have it repaired.

These values are at times not easy to determine, but receipts for the work and the sale prices of actual comparable vehicles can help. However, this insurance company has no legal duty to you to consider any of this outside of your state's regulations. Problem is that the regs do no go into detail on the value of engines replaced and new tires, so you have to present a compelling case to the adjuster. You can always go after their policyholder in court if they won't make a fair settlement.

As for the loss of use, they do owe you anything that is reasonable. Of course, any claim is ultimately subject to what a court would say.