Update:
So I filed a claim against the NJ Insurance State Commissioner against Allstate. The Commissioner got back to me stating that they are closing my case against Allstate (many of you were right, its not his fault), and they want me to file a claim against Geico with them. I called Geico, told them I'm filing with the Insurance Commissioner against them and to provide me a Letter of Denial (which I've requested on multiple instances). Well their tune quickly changed, and they accepted responsibility for the claim. However, there is a new issue. The driver who caused the accident didn't have enough coverage for the damages (Multiple people filed against him), and they want me to file a claim against my own policy. I told them that I want to continue with the claim against the driver, however i'm assuming now I might not receive the full amount for the damage. What is my next best option, go through my own coverage and sue the driver?
The reason I've been hesitant about going through my own policy is I don't have rental insurance, and I have a $1k deductible. Before anyone says anything about my high deductible etc, I have the money if needed to cover the expense, however its the principle that I'm zero at fault accident and need to pay out of pocket expenses.