Vehichle Totaled in an Accident

What is the name of your state (only U.S. law)? Ohio

My parked vehichle was hit by another car prior to Christmas. A week later his insurance company finally came out but was very rude and used vulgar language in conversation and was clearly upset that he had to be there. My vehichle was totaled and a settlement offer of 2500 was given. I did not accept. I want my car fixed or replaced with one just like it but the insurance company will not accept my terms. I am 73 and just retired in June and live on a tight budget and a new or used car that requires a car payment in not within my budget. What are my rights? and shouldn't my car be worth the retail value since it is not being traded in. Can I go after the person who hit my car for the money needed to replace my car?

You are free to try to negotiate whatever settlement price you want, but under the law in every state, the maximum you are legally entitled to is the value of your car right before it was hit. If your car was only worth $2500, then that is all they will probably offer. On the other hand, if your car was worth $5,000, find some proof of that value, send it to the adjuster, and start negotiating.

And you cannot both collect from the insurance company in a settlement and sue the owner. You only get to pick one or the other, not both.

Good luck.