Will I have to try to repay my health insurers everything over my policy limits for all care related to these injuries?

I was involved in an auto accident in 2012. The officer issued no citations. He said he could not determine fault so he put us both at fault. I filed a lawsuit against the other driver. He turned into my lane while I was at a complete stop at a stop sign. I suffered some injuries. I'm still under doctor's care for these injuries. Medicare and Medicaid have been paying my medical bills. I got a letter that the guy that hit me was an excluded driver. I had to get my car fixed using my insurance. My UM limit is $25,000. I believe my medical care has exceeded that amount. I went to a deposition earlier this month and the other driver did not show. My attorney as well as the attorney for my insurance stated the officer didn't write up the report correctly in relation to the diagram he attached to it and it's obvious the other driver was at fault. Did the other driver supposed to face criminal charges for being uninsured? Do I need to not accept a settlement from my insurer or let it go to trial? As I said I am still be treated for these injuries.