only advice i can give is "sue" and dont think twice about it, the guy that rearended you is totally at fault and you can sue the fuck out of his insurence, trust me i know this for a "fact". at least call an attorney so you can collect for lost wages and personal injury and hospital bills. if you dont sue, you are a complete moron. i have seen ppl get 6 figures for this type of shit, it could change your life bro. Remember when you are sueing, you are not sueing him, you are sueing his insurence so its not like you are getting money out of his pocket, worst case for him is a rate increase or he'll get kicked from insurence. DONT FEEL BAD DOOD, ITS YOUR MONEY!!!