I went through something similar with my wifes car and the other guys insurance company. They were trying to lowball me on the actual value of the car. I was able to prove the value of the car, not via NADA or Kelly Bluebook, but via autotrader. I collected about five or six ads for cars of the same year and model with similar options and mileage in my area. In the end I was able to prove actual value in my area and got what we paid for the car just two weeks prior. Don't let the insurance company jerk you around. If it is the other drivers fault, and he admitted so, then they should replace the car for current actual value. I never heard of this 60% crap except when replacing parts designed to wear out, like struts and such. Whenever I get in a situation involving insurance companies, and yes, it has been a few times, I always talk to my agent for advice, when there is another insurance company involved. If you don't have an agent you feel comfortable dealing with you should get another one; mine knows me on a first name basis.