Originally Posted by
dougphoto
against the drivers insurance
Technically they only owe you for the actual cash value of the bike (meaning they can apply depreciation), not replacement cost. That being said, they are VERY lucky they do not have a massive Bodily Injury exposure from your accident. Many people would run out to get at attorney in your situation, and in any pedestrian/cyclist collision the insurance company is potentially on the hook for a lot of $$ in general damages.
In my opinion, they are highly incentivized to take care of you. You have some room to negotiate.