It is all a numbers game. Hit in the rear. I think in every case in every state it is the fault of the person who hit you. The insurance company was was thrilled that you did not put in for medical expenses and sued for whiplash.

Were there serious damages they should have given you a new car. Aside, a new car, call it 25,000 you lost the tax 7% of 25000 is $1750.

An accident, reality, perhaps funny, the best accident is the one that does not happen

Wreckcheck
 

My car was a 2018 Hyundai Elantra GT. Basically I paid $14,000 after they paid the sales tax etc. The damage was $3,040. I submitted claim of $1,950 which they paid without question or even trying to cut me down.

That has nothing to do with "Diminished Value".