My daughter was hit by a drunk driver. His ins. is totaling the car before they even look at the damages because it is a 99.

I found another cavalier to replace this one. What do I do if they don't give me enough from the 99 to buy the 02? I'm a single parent and don't have the $. Can I sue the driver for personal damage to get the diff. I have witnesses from the bar that say he was so drunk he could barely stand.