I was in a similiar situation about 8 year ago when I was in college. 4 cars and a semi were involved in pileup on the freeway, and the guy whose fault it was not only had an expired liscense but was completely uninsured. I was working and going to school at the time and like your husband continued at both using painmeds simply because I couldn't take time off from either. To even get my car fixed I had to claim against my uninsured motorists and I was reluctant since it was my own insurance company that was having to pay the claim and in the end only claimed to fix my car, my copays on medical visits and my rental, but not much more. Part of me regrets that simply because I do have some lingering effects even all this time later with neck pain. So I would say sue, even if you have to go against your own insurance company. Bottom line they usually go after the person that caused it once they've reached the maximum of his/her insurance.

Wishing your husband a speedy recovery.