Don't be nice about this. It's not like you're taking directly out of their pockets, right? Gap insurance is here in Ohio too but it doesn't sound like you have it. Try to get whatever you can out of them, at least the what is left to pay it off or the blue-book value, whatever is more. As far as injuries go, unless they settle out of court you won't get any money for a long while, could be years, but I doubt that is going to happen. On a brighter side, at least you can get that bike that you wanted. You might want to wait until next riding season so that you can pay off some debts and/or save since there isn't too many riding days left.