They are liable for the cost to repair, or the fair market value, whichever is less. If you disagree with their calc of FMV, you can ask them to provide you with the information they used to come up with their number, and you can present to them, the proof you have that fmv is more. You can also seek loss of use damages.
Were criminal charges filed against him? If so, and he is convicted of a crime that resulted in your loss, you may be able to seek Criminal Restitution under California Penal Code section 1202.4.
Under Criminal Restitution the court has discretion to impose the actual cost of repairing the property, even if that amount exceeds the replacement cost (In re Dina V. (2007) 151 CA4th 486, 488–489).
Contact the Victims-Witness Department, typically in the District Attorney's Office, for the County in which the crime occurred.
I like the restitution angle although I am not sure you'll get any more dough that way. If you sue the man in small claims court, you can pursue some additional claims. Talk to a local attorney bout he possibilities.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
If the insurance company keeps giving you problems file an action in Small Claims Court, don’t forget about any charges for obtaining a car rental or lost time from work.
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