Yes this does suck,
and is the exact reason I always have full comp.
was in a similar situation a few months after i got my license, dude ran a stop sign t boned me and wrote off the car.
Luckily it was my parents and they had full comp, (and me as a driver)
one call to insurance company and was all sorted.
admittedly for some unknown reason I've had cheap ass insurance my whole life.
FFS when i bought my mustang as a 21 yo rating 4 driver parked on the street in Brunswick..was 700 full comp per year
What you need to do is file a third party recovery (pretty sure that's what it's called) then chase in the courts..
but yes if he a dole bludger with no cash you might only get $1 per week for rest of his life...which I feel is even more annoying.