stop trying to talk to the insurance company and just get a lawyer. if you're not at fault, somehow they always seem to get all the repairs/replaced car plus a 10,000$ settlement, 33% going to medical, 33% to you, and 33% to them. its happened to me, my girlfriend, and some other friends.

as much as i hate to sound sue-happy, i don't think you can ever take on an insurance company without getting ripped a new one without some backup.