Not knowing all the details from OP (his coverage, state where the loss took place, etc.) makes much of this discussion about the other driver kind of moot. If he carries collision, his insurance company will pay him, it's contractual, unless there's something we don't know that would invalidate it, like an intentional act or something unusual.
My point about the lawyer is that they don't work for free (unless it's your spouse or someone you are very good friends with :-)). It's either by the hour or as a portion of what they actually recover. And you know what they say about getting blood from a stone, right.