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Should be getting mine back after about 20 days. Same thing of being rear ended and pushed into another car. I have gone around with the insurance company about OEM parts. They agreed that all it would save them was $275 on about $5000 in repairs. I am very anxious on how it is going to drive when I pick it up.
Fight them, but keep in mind that once you get it into the repair shop the insurance company will be contacted by them to say they found more damage and once the insurance company verifies that they will pay the additional costs to get it fixed. My civic got rear ended last year and their estimate was for only $2400. Six weeks later I got my car back and the final bodyshop bill was over $4800; all paid for by the insurance company. Add that to the almost $1000 rental car bill and they were probably wishing they had a more competent estimator and they could have totalled the car for less.
You might try getting some estimates and presenting those to the insurance company and see how they respond before getting a lawyer involved. It's guaranteed that a lawyer will increase the insurance company's cost and they just pass those on to us as increased rates. I've never had a need to get a lawyer involved in any wrecks because I knew my shit and was firm and let the insurance company's know that if they screwed me over I would be contacting a lawyer. Use their fear of lawyers against them and you can usually accomplish the same thing as you would with one in a basic accident.
Also, you may have some trouble in Texas since the law doesn't require them to use OEM parts. Fight for it, but know that the law isn't on your side.
If you used that sum to attempt to repair your car, the end result won't look much better than how the car looks now. I was rear ended in the Si and the damage was only moderate - the repair bill ended up being over $8k (and to think that's repairing an econobox - not to impugn other civic loving owners on this board ). I'd take it to a reputable high end repair shop (I went to a Porsche service dept and asked for a body shop referral - they pointed me to a shop which specialized in repairing exotics, notably Jaguars and Porsches) and have that clown's (the irresponsible fool that hit you) insurance adjuster come over there. Let the adjuster and the body shop do the talking since the shop knows their stuff and will usually lobby for the customer. HTH