Auto Insurance Claims: should we talk to a lawyer?, legal recourse, safety problem

Question
We were slammed from behind on the interstate when we had to slow due to the vehicle in front of us making an illegal turn.  The person who hit us (he stated that his brakes failed) as well as his insurance company claimed fault.  The person who hit us stated that he knew there was a recall on his brakes for failing during hard brake situations.  He stated that he had returned to the dealer a few days prior to the accident and was told by the dealer that they couldn't get to the brakes at that time.  Is there legal recourse against the insurance company for insuring a vehicle in which the operator knew of a safety problem.  BTW, the insurance company was pursuing action against the dealership.  As far as injury, me and my wife both suffered back problems as a result (mostly inflammation).  Or children appear to be ok at this time or than being emotionally shook up.  We haven't spoke with the adjuster about a settlement, but they have agreed to fix the car and provide a rental.  They have been helpful up to this point.  

Answer
Hi James,

I do not see how you would have any case against the insurance company, afterall they are paying to repair to repair your vehicle and will pay for any nmedical bills. It is the owners responsibility to keep their vehicle in good working order. The reason we have insurance is to pay our losses when we just don't do the right thing at the right time.  You should contine to work with the insurance company. If at any time you feel like they are trying to take advantage of you, then hire an attorney.

I hope this helps
Richard Hixenbaugh