Auto Insurance Claims: ACV, appraisal clause

Question
I was involved in an accident one week ago in the state of New Mexico in which I was hit at a 4-way stop when the driver to my left failed to yield. The accident was the other driver's fault - he admitted to the responding officer that he did not see the stop signs and then not seeing any other cars in the intersection (it's all documented in the police report). Consequently, my car is a total loss. My insurance company has just given me their settlement offer, but I think it is low. They are basing it upon NADA clean retail, but I have researched sales of cars that are nearly identical to mine, and the difference is a few thousand dollars higher. I've heard that my insurance company is responsible to pay me what it would cost to replace my vehicle at the current local market rates, not just the ACV as based upon a book value. What would be the best way to go about negotiating my settlement? Also, my insurance company only pays 80% of my rental. How can I get the other driver, his insurance company or my insurance company to pay the 20% that is my share of the renal costs? After all, I am not at fault in this accident and would not have had to rent the vehicle at all if it had not been for the other driver's inattention. Thanks.  

Answer
You can always invoke the appraisal clause of your policy and get an independent to value your vehicle.  I will say that NADA is pretty highly regarded as an acceptable way to determine actual cash value.  You need an expert appraiser in order to argue the value of your vehicle.  

As for the 80% of rental issue, sure you can always file a suit against the party that caused the damages or simply negotiate with the other company to get that paid.

I would suggest going through the other driver's insurance for all of your damages.  Your policy will only cover what it says it will cover, but his insurance will pay you for all reasonable damages caused by his negligence.

I hope this helps!