should i sue?

I was involved in an accident over 3 months ago. I was hit by a van and my car was totaled. The van had a minor scratch on the bumper. The man did not get out of the van or call the cops. i called the cops while he moved his van to a parking lot and sat there. he didn't even get out of the van when the police arrived. The accident happened in between 2 townships so the first responding township took my statement and the other drivers statement. while talking to the other driver they said he was acting evasive and they smelled alcohol on him. they gave him a breathalyser and it came up 0.0. The officer told me that the accident actually fell in the other township and the other officer would be there shortly. After 45 minutes the accident was cleared and the other township officer finally arrived. he took our statements and left. When I received the police report from the second township it was very unclear. The officer stated that he responded and arrived right away. He wrote that there was no sign of intoxication of the other driver but he did smell of alcohol. He wrote in one part that the was a breathalyser given and then in another part wrote that there was not one. The report was a mess. I did not have collision coverage so my insurance company did nothing. The other drivers insurance company acted like they were going to pay. They sent an adjuster and told me that when it was settled i would get a rental and $3000 for my car. After that i did not hear much more. When i called, the claims representative told me that they did not know who was at fault because we both claimed to have a green light. Now almost 3 months later I am still out of a car and when I try to call the claims rep. she is not there and doesn't call back. When i speak to someone else they just tell me that it is still being investigated. I don't know what to do anymore. what should i do? should i sue the insurance company?