Not At Fault

Hi! Today I had to swerve to the right to avoid a large car that had pulled almost completely into the right lane (which I was in) and paused in the road. I would have hit the driver's side door of the car, but instead I swerved to my right and went around the car, avoiding it. I did however, cause severe damage to my car by running into a ditch and probably totaled my vehicle. The other driver's car was not touched. The cops did not give either of us a ticket, but I think he absolutely should have cited the other driver for pulling into the road. I also have witnesses who told the cop that I he was so far into the road I would have hit him had I not swerved. Anyway, because no one was given a ticket, my insurance company says I am responsible to pay my deductible, and the damage is not even worth it to fix the car. I felt that I avoided a tremendously dangerous situation, but I am being penalized. Is there anything I can do to recoup the money for my car or to appeal this situation?