My husband was rear ended and it totaled his car out and the guys that hit him had no driver license or insurance

Hopefully you have uninsured/underinsured motorist ("UIM") coverage so you can go against your own policy.  Take a look at your policy of insurance and see if you have it.  You could also talk to your  insurance agent.  Even if your husband has sufferd personal injuries, missed work and does not have health insurance, if you have UIM you can seek to have the policy cover your damages. With UIM you will have needed to reject the coverage or it will normally be the amount of the limits of your liability policy.