I was involved in an accident. I was in a company vehicle and was rear ended (I was at a complete stop) by a drunk driver. The driver was taken to the hospital and later charged with dui.

I refused medics at the scene but later developed neck and back pain. I did get treatment that day at an ER.

I'm off work now for this week and unsure what will happen if the driver does not carry insurance. they have not been ticketed for no insurance yet per the police.

How strong is this case in civil court and what would we have to do if they did not have insurance?