Auto Insurance Claims: At-fault Party Will Not File Claim, frame damage, insurance company

Question
I was broadsided on a major roadway by someone attempting to cross the highway.  No one was injured however my truck sustained frame damage on the side.  The other driver was ticketed. Both I and the at-fault driver have the same insurance company but different agents. I don't want to file a claim and have to come up with the $500 deductible. It's been 3+ weeks and the other party is non-responsive in filing a claim.  The claims department says they can't do anything until somebody files a claim. How can I force the other party to file or how can I force the insurance company to do something? I need my truck fixed quickly and can't afford to wait weeks or months. Do I have any rights here?

Answer
The only way that you can force them to file a claim is to sue them.  You can still file a claim against that person's policy yourself, however if they are non-responsive it will take a minimum of several weeks to get a resolution.  What can you afford the most?  The $500 deductible, which you'll likely receive back once the other policy pays?  Or  Waiting weeks or months for a resolution?
Good luck!