Unfortunately you must live in one of few states that allow for their state's minimum property damage limit to be set at $5000. If you are not happy with the settlement offer but it is at the limit of the person's policy that is probably all that you will be offered. If you have collision coverage on your vehicle you might decide it would be in your favor to make a claim through that instead of through the other person's insurance company.Speak with your insurance agent to see if that is even a realistic possibility.

State laws differ so you will need to find out if for your state you have turn over a car that has been declared totaled. You can contact your state's insurance regulator to find out what your consumer rights are concerning your settlement claim and what would happen if you wanted to keep the car. Beyond that you might need to seek legal advice about other ways in which to be fully compensated.