Unfortunately it can be difficult to get a claim through another person's insurance company if they refuse to work with their insurer or will not notify them of the accident.

According to the Florida Department of Financial Services (FLDFS), an insurance company is obligated to pay what their insured is legally liable for because of an accident. Since a statement by your brother or even if the other party was ticketed at the scene is not evidence of 100% legal liability, in many instances the insurance company may not have to pay for damages if their insured does not report the accident and cooperate with the investigation.

The FLDFS goes on to say there are many factors taken into consideration with evaluating liability claims. Each situation is judged on its own merit. So your brother can continue to try and work with the other party's insurance or if it seems like that is at a dead end, he can place the claim through his own collision coverage.

Your brother's insurance company may decide to subrogate with the at-fault party's insurance carrier so that they will be reimbursed for the monies they pay to him.

As you stated, another choice is for your brother might to take the other driver to court and hope to win so that he is paid for his damages without going through his own insurance company and paying a deductible.