Developments and Questions

So the new developments...

I went to meet the tow truck this afternoon. We had a fun time getting it on the truck being that the tranny is seized up (or the clutch is broken). Once we finally get it on the truck and get it to the bike shop the first thing out of the service guys mouth is "Damn...that things totalled". Pretty worthwhile thing to say in my opinion. Then comes the salesman...

He asked me if I wanted the bike totalled. I was like hell yeah I do, I want something bigger and faster, but I need the lien paid off on this one first. He notioned for me to come inside. As we walked in he told me that he could make sure my bike is totalled provided I plan on purchasing another bike from that shop (duh). I asked him what he had in my price range and he has two strong candidates.
1)2002 Kawasaki Ninja ZX6R
2)2002 TL1000

Now...I dont know what to do. Of course I am going to get one of the two but I'm leaning on the ZX6R vice the TL because I didnt really enjoy the VTwin as much as my buddy's inline 4 on his GSXR. That and the ZX6R is Black and Yellow with plenty of aftermarket while the TL is blue and white with some aftermarket. So what do I do?

Then onto my next question...has anyone here ever gotten a nominal settlement from a bike accident? I talked with a friend who is dating an insurance adjustor (Not mine sadly) and he had some interesting things to say. He told me to tell them that I had spoken with a lawyer and that my lawyer thinks I am entitled to financial compensation (other than the cost of the bike). He told me to tell them that I was prepared to take them to court if they were not willing to settle, and to make an offer of $10K and then let them talk me down to the $7500 or $5K range. Does any of this make sense to anyone? This is my first accident and I dont know how this whole thing works....any help would be greatly appreciated.

Note: I have been having some pretty nasty headaches since the accident which I plan on going to the doctor for tomorrow. Also my neck which was stiff the whole weekend seems to be loosening up, though its still tight.

Help?!