DUI/Hit&Run on my 2014 X3, but driver at-fault was arressted
My new X3, which I purchased this May, had a hit&run by a drunk driver. My car was parked in the parking lot when the accident happened. The drunk driver drove a Ford F150 and hit the right corner of my car's back. Fortunately police officer arrested the driver and he is under charge of DUI and Hit&Run Unattended.
I am now in the process of repairing my car. After the bodyshop disassembled my car's trunk, they found that there is a lot of places deformed on the unibody. I looked at it and it was bad, really bad.
The bodyshop thinks it should be a total loss considering the damage is so severe and the pre-accident condition of the car is brand new (almost). Although we have the other party's insurance information, I am now using my own insurance company to repair my car since I had full coverage. My insurance company now estimates the repair to be over 10k and time over 1 month. I want to total out this car but my insurance company does not want to.
So, I thought about claiming diminished value against the party at-fault's insurance company then I can trade in my car after the repair and lose a small amount of money on this accident. But I got words that the drunk driver had a very small insurance coverage, meaning the insurance company would only pay up to a small amount, which is not enough to cover my car's repair and the diminished value.
What do you think I should do now? I have been running out of ideas. The accident happened at 3:00 in the morning and I did not know my car was hit until the next morning. Should I sue the other driver? Any thoughts from you guys would be greatly appreciated. Thank you so much!