97 Jetta Transmission Problems

Hello everyone.

I'm going through a very complicated and tough situation right now and I would really appreciate any feedback or advice.

I own a 97 jetta trek with 92,000 miles. It was in great shape untill I was recently rear ended. Aside from the body damage, I now also have transmission problems. It is a manual transmission and I was in gear when I was rear ended.
Some additional information: I already had the transmission replaced by VW and still have the reciept. It was replaced in late 2001. I think I've put on an additional 40,000 miles or so since it was replaced.

I approached the insurance company about the issue. The refuse to pay for the transmission. In addition, they want to total the car out and pay me $2500 under book because of the transmission. I brought it by VW to have them write me up a document stating the problem is due to the accident. They refuse to do so and will also not fix it under warentee.

What should I do at this point.
1. Press VW to fix it since this is 2 transmissions for the same car.
2. Press the insurance company to fix it. I've spoken to a lawyer who says I need a mechanic to document the damage was done by the accident.
3. Am I completely out of luck??

Thank you for the help

trannys break when you get rear ended while in gear? holy smokes thanks i never knew that, i dunno maybe intimidate them. get a lawyer???

Good luck either way. I had a 2000 Jetta VR6 that bottomed out when I hit a pothole, and cracked the oil pan. To make the story short, the engine blew about a mile later. The insurance company said the engine blew because it was faulty, the dealership said it was because of the "accident". I had a bill in my lap for $5800 that came out of college money. The car was out of warranty by 97 miles when it happened.