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Originally Posted by Hawkshaw
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.
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99.9% Correct.
If you wanted to seek additional damages for whatever reason, there is likely a statute of limitations in your state to seek such damages. If you were hoping to collect said damages up front through your insurance company and have them subrogate to the other driver, you should do so BEFORE they close out the claim.