Auto accident legal advice?

My son was hit on the penger side by a drunk driver. He went to jail. Trooper said he really couldn't tell who's fault it was since my son admitted to speeding. He issued my son a ticket but he didn't get a copy and we haven't received anything in the mail. The drunk drivers insurance (allstate) came and inspected my car and said we would get $3000 plus small amount for medical, since he had a swollen eye from air bag. Allstate claims they can't do anything because the drunk driver has a lawyer that wont give a statement on the accident untill all of his clients criminal offenses are resolved. So we are waiting on his statement to proceed. This could be a long time! We only has liability so we aren't getting a loaner, but we've been without a car for over a month! Should I get a lawyer or wait it out. I'm frustrated knowing this drunk driver seems to be getting the upper hand here. Thanks for all your inputs!