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Since you don't have any privity of contract with the other driver's insurance company, what you want to do in this case is file suit against the driver. Whether or not the insurance company pays or not, the other driver is culpable and liable to you for your damages. But, here's the thing...once you file the suit, the other driver will actually become your ally; the reason is that the insurance company is obligated to defend him in this suit and if the insurance company fails to reasonably settle, the insurance company is liable not only for the actual damages, but punitive damages in an amount multiple times the actual damages. And, the other driver won't want to have to pay damages. So, the result of your suit is that it will be both of you against the insurance company. This is typically all you need do, because insurance companies want to avoid punitive damages and the bad publicity that comes with failing to settle. Plus, they have the added incentive to avoid going to court because they are aware that jurors are biased against insurance companies because most everyone has had an experience similar to yours.
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