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Sorry for your mishap, looks like you are in good hands and on the way to getting it fixed properly!
I think there are still lots of states that don't require mandatory auto insurance, which is why it's always a good idea to have uninsured/underinsured coverage on your own policy.
As far as getting a lien on the driver at fault, I would expect the right to do that now belongs to your insurance company since they are paying out the claim. Most insurance policies include a subrogation clause. They probably have people on staff who can figure out in 5 minutes if it would be worth pursuing the party at fault.
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