Can I sue the company of the person who was driving their vehicle that rear ended me that was uninsured?

It depends.  Under the doctrine of respondeat superior, an employer can be held liable for the acts of the employee so long as those acts are considered within the course and scope of the employment.  So if he was working at the time, the employer could be liable if the driver was acting within the course and scope of his employment.  However, the fact that the driver was drunk suggests that he was not working in the course and scope of his employment (most employers would not consent to an employee being drunk while they worked). Another way to make the owner of the vehicle liable is by claiming negligent entrustment of the vehicle.  In other words, it was negligent for the owner to give the vehicle to the driver.  These are not the easiest claims to pursue, but if you could prove that the owner had knowledge that the driver was not fit to operate the vehicle, then you could possibly succeed in a claim against the owner.  For example, if the driver was a known drunk, had a history of drunk driving, wrecked company vehicles before while driving drunk, etc., the owner could be found to be negligent in allowing the driver to have the vehicle. You only have a limited amount of time to pursue the claim.  Under Ohio law, you have two years from the date of the accident to sue all responsible parties.  And the restitution order from the criminal judge is not the same as a civil judgment, so you could also sue the driver as well.  The only effect that the restitution order would have is it would reduce the amount of money that has to be paid to you by the amount that you have RECEIVED in restitution.  If nothing has been paid as restitution, then you could recover everything in a civil lawsuit. Good luck