Anyone ever pursued Diminished Value in NY State?

Greetings all,

I had been scheduled to go to several events this spring with my car but unfortunately it was rear ended on April 24th. I hope the NYU Hospital gtg was a great success.

This is what happened: I was traveling on the LIE in stop and go traffic. I was stopped. The guy behind me in a Jeep Liberty was not paying attention and went right into the back of my Lotus Elise. He admitted fault (he was 25 and is not a registered driver under his father's policy) and there is a police report with the NYPD, photos etc including his own admission.

The rear clam has several cracks and Allstate (same insurance for both parties) has agreed to replace the rear clam. They have also stated they will have it painted and blended into the doors and mirrors (at least 70% of the car will be painted). I have pushed both Allstate and the body shop (Danieles in Pleasantville, NY) that Huntingridge Motors/Lotus of Greenwich refered my car to, to repaint the entire car so that it has a uniform paintjob. Danieles told me no insurance company will paint the entire car. Allstate told me they don't care if I'm satisfied that is all they will cover.

When asked to put it in writing that the car paint will match in 5 years Allstate refused. The body shop would guarantee their work but nothing to the sort on paint matching in 5 years. They are cutting Allstate a great price at $44 an hour labor. I got a full estimate to paint the entire car for a paltry (I think due in part to that labor rate $11,500...they are offering me $5,750 now).

Currently the best Allstate will do is offer a $25 rental car (I daily drive the Lotus) and rebute my logical arguements as to why the entire car should be repainted. The car is nearly 3 years old and with the flat Ardent Red paint shows some light spider scratches from normal wear and tear despite my p21s waxes and only hand washes.

Allstate additionally stated they will not pay diminished value althought there is reason to believe the cost could be $5,000-$10,000 in diminished value if I was to trade the car or sell it according to an Auto appraiser who has appraised Lotus' before with similar damage. They have a slogan with "accident forgiveness" for those at fault...well what about those who are the victims of accidents paying very high premiums on exotic cars (which is what they classify the Lotus).

Do any of you have experience arguing in NY State for diminished value? I greatly value all of your experiences with insurance companies and your opinions on this matter.

I would recommend no person carry Allstate insurance as they are more concerned with saving a buck and protecting the interest of the guy who hit me rather than making my car whole and compensating the victim of an accident.

Any help is much appreciated.

Thanks,
Justin