Answer: You still have a lot of options.
This issue comes up with our clients a lot.
It is the reason most people carry both under insured and uninsured automobile insurance along with personal injury protection (often referred to as p.i.p. or med pay).
In this situation your insurance company steps into the shoes of the guy that hit you.
They often times will deny liability and argue that you, their insured, was at fault.
They may agree that the other driver was at fault but that you weren’t hurt bad enough to receive full reimbursement for your injuries.
You do have options and fortunately if I have to file a lawsuit against your own insurance company for not paying your claim the jury will know there is an insurance company involved.