Another update, I have Geico and the driver i'm going after has Geico. Its apparent that it's his fault, and there isn't enough insurance coverage for the damages. I stated to my own insurance that I would like to file a claim against my Underinsured policy (that way it doesn't raise my rates) and it got denied! No good reason either.The problem with suing the driver is that unless he has some assets you are likely never going to see any money out of him even if you win because he has maxed the insurance limits.