http://www.ehow.com/how_2040755_subp...aims-suit.html
Maybe just hire a lawyer?
seems to me like you should be able to do this with out your insurance company. or at least a visit to the country clerks office this week on lunch break (today if possible) would be in your best interest.
Uber Shitty.. at least it sounds like you have a few good options for recourse .
insurance lead efforts,
self lead claims court
lawyer up.
Maybe get an estimate to fix everything asap, if its over 5K i think that's over the small claims limit.