So even though he doesn't have a license and he hit me from behind it doesn't make him responsible for the damage/accident automically?
Hitting someone from behind while driving without a license does not make them "automatically" responsible. How the accident happened determines who was at fault. Whoever is at fault is responsible for the damage. Whether he is covered by insurance is a different issue. If there is no insurance, you may have to look towards your own policy. Personal injury is complex and you really need a lawyer to investigate