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i am confused that there is any need to negotiate. in austria or germany the insurance pays exactly the amount for an equivalent replacement car (minus the value of the totaled car, if any)

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The insurance claims representatives interfacing with customers follow a script and will often select car price comparisons lower than your specific cars value. In the US, the insurance company should also pay exactly what the equivalent replacement car is worth, but if the customer isn't paying attention it leaves room for them to profit. If the customer complains with supporting evidence, then the insurance will act in accord with the law, but if the customer is unaware or doesn't care, then that's a win for the insurer.

I imagine similar situations occur in Austria or Germany, wherever people and profit are involved really.

i don't know. i am pretty sure if that happens the customer is able to complain and get it fixed.

what you are saying sounds like that if you don't pay attention in advance or you trust your insurance company you loose out.

that should not happen.

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