I have a little experience with this except it was my house that got hit instead of my car. The guy that hit it was uninsured drunk. My homeowners insurance covered most of the damage (about 50k) but there was still about 5k in damage that was out of my pocket. So when the driver went to court we showed up at his trial and asked the judge for restitution. The nice thing about that is comes directly out of his paycheck and it was actually the county that paid us. It was only like $150 a month for 3 years but at least we got paid. Restitution is the way you should go.

And one last thing.....why didn't you have collision even if it is paid for?