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Originally Posted by slubu
By the way, what happens to this guy without insurance? My insurance said they will go after him personally, but I doubt he has any assets. Should I join in the action? I should be compensated theoretically for losing my car for over a month, and dealing with all the inconveniences associated with the accident.
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I don't think you can "join the action". The ability of the insurer to sue the at-fault driver and recover its costs is called subrogation. Technically, subrogation means that the insurer, once it has indemnified the policyholder, automatically assumes the legal rights of the policyholder.
In other words, the insurance company pays for your damages, but then has the sole right to sue the other driver. The alternative would have been to not file a claim with your insurer, pay the damages yourself, and then sue the other guy yourself to recover costs + damages. As you said, he probably doesn't have much, and the legal expenses alone would not be worth it.