Sorry you were hit, first thing first heal. There will be time to sue and to work out who pays what.
Insurance vary's greatly from state to state keep that in mind when you ask for advice on the net.
Start with your insurance company, and see what they can work out.
As far as were you fall under the person at fault you fall under liability part of the insurance.
Suing some one who has no money is pointless, you will wast time. Everyone gets paid before you.
Ripley is my black dog
Past bikes: 2007 Yaha R6, 2006 Ducati 749s, 2003 Honda CBR600RR, 2000 Triumph Sprint RS, 1985 Honda VF700 Interceptor, Mid 70's Yamaha 250 Enduro
2007 Yamaha vino 125, 1984 Honda Elite 150, 1979 JC Penny pinto moped