It all depends on what your local law is and what insurance you're dealing with....for example, some insurance companies policy is to give a certain $ amount for everyday your car is in the shop until the vehicle is repaired. Or, if you don't have a credit card, they would reimburse your out of pocket taxi/bus/train expenses. Some allow a nominal amount of the driver decides not to take a rental. An finally, most don't pay out unless a rental is taken. Contact a local lawyer and I'm sure he can look into the policy.
The insurance company should have provided you with a rental vehicle while your car was being repaired. The company should compensate you for the repairs to your vehicle as well as the diminished value, but keep in mind that the cost of recent additions or alterations to your vehicle may not necessarily be fully compensated if they did not add value to the car.
You might wish to contact a local attorney to discuss what your options are. You will need to provide documentation, such as the police report, your insurance policy and any correspodence with the defendant driver,. Proper representation is essential in protecting your cause of action,.
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