Can I file a lawsuit against the driver who hit me from behind at a red light or against his insurance company?

I was hit from behind at a red light on December 13th, 2013. I believe the guy who hit me was texting. His excuse was a water bottle blocked his brakes, a crumbled bottle from the dollar store. It took over a month for my insurance company and auto body shop to contact his insurance. He never called them or filed police report. I sent it to my company. They finally accepted fault then stated my car totaled. I didn't go to the hospital till 4 days later, the pain kept getting worse. I feel better than before but still pain it lingering, I haven't done anything else about it as I do not have the money to do so. His insurance company is just awful. They have hung up on me, do not call back. They would cover for a rental car but I had to pay for the deposit or whatever. As this guy hit me, I feel I should pay nothing. I do not have the funds to do this. I've spoken to 2 different rental places and both have informed me that the insurance company is awful as well. A lot of clients have constantly complained about them. I was supposed to get a certain job but couldn't since I've had no car. It's hard to get through to this insurance company, it hangs up most of the time, I've been put on hold for a while(I have minutes), they hung up on me when I told them I couldn't work without a car, etc. The mail for important information was sent over a week late for certain fees I didn't know of, such as holding fees at my auto body shop. I finally got the check for my car on 3/21/14 that was issued 3/15/14. I was told I would receive $4200 but instead received $3400. I called again Thursday or Friday but they haven't called yet, surprise. I still do have pain, it's just very uncomfortable. It's annoying turning to look at my blind spot, I feel it no matter how I sit or lay, I have trouble sleeping and staying asleep, I am very nervous driving now, I'm terrified whenever someone pulls up behind me. I am a massage therapist and this annoying pain is interfering with my career.