Legal Questions

My car was totalled but not yet paid off. The loan is more than what insurance is willing to pay. Can I sue the guy that hit me for that money?

I was rear ended by a 16 year old kid, driving his dad's suburban. He admitted on the police report that he was following too close and didn't stop quick enough. The accident happened on 12/1 and as of 12/7, he has yet to even make a claim with his insurance company. In the process of investigating, my insurance company found out he was just in an accident 10 days prior and WASN'T covered on the insurance for that vehicle, to my understanding. I owe more than what they're going to pay on the car and I'm going to be out thousands plus a car, down payment on another car, that I can't afford. I don't know what to do.