Shawn, They are all rip off merchants. I have a similar problem. A guy pulled out of a side road and crashed into the rear passenger door of my car. I informed my insurance company and they sent a guy out to inspect the damage. His verdict was that my car is a total loss.
Now a few years ago, if you were not to blame for an accident, your insurance co would fight your corner and claim from the guilty party. Most insurance companies stopped doing this, but try and sell you a bolt on package for claims assistance.
I have been with the AA for years and the last time I was involved in an accident they handled the claim for me and I got paid out.
Because the AA provided this service to members, I never took the claims assistance policy. Too late I find out that the AA have changed their fine print and will now only assist with claims for a fee.
Fortunately for me I have a protected no claims policy so I won't lose my no claims disscount, but the guilty party, and his insurers have got off scot free.
I would have to suie him for the excess that I have to pay.
The insurers will tell you that you only have your disscount for no claims, and whoever is to blame has got nothing to do with it.
Unless the guilty party admits in writing that he is to blame there is nothing you can do. And that my friend is the reason why all insurers tell you "under no circumstances admit responsability". As I said, they are all rip off merchants. Dai