Thank you everyone for the advice..i wished i had read it BEFORE i talked to her insurance company though lol..but they didnt ask any questions, only a basic story aabout what happened. We cant proceed any further until her insurance company does one of the following..

A. Talks to the drunk driver. (Shes in jail and theyve been unable to reach her)
B. Talks to the other lady involved in the accident that was infront of me.(cant contact we dont know her name)
C. Gets the police report (5-30 day wait..? that kinda pissed me off)
D. We go down and get the policee report and fax it to them. (like $3 a page lol. Roads are too bad to drive all the way into tulsa though..)

So i guess ive reached a dead end for now.

But thank you everyone for the advice..i didnt know almost everything u guys have said to me i appreciate the help and advice.