As a practical matter all you can do is use your own insurance. If you have uninsured motorist coverage, then you should not have to pay a deductible. If all you carry is collision coverage, then you will have to pay deductible. Find out if you have uninsured motorist coverage and use this instead of collision coverage.
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Either your brother or his estate can sue the at fault party. There may be a choice of venues (locations to sue) depending on the particular facts. If injured, the injury claims belong to your brother and yes he can sue the at fault party. If killed, wrongful death beneficiaries of his estate can sue the at fault party. Consult with an attorney early.
I would recommend that you hire a lawyer. The lawyer will not charge you a fee up front, but will take a percentage of the recovery. There are many factors to be considered including first party insurance considerations and subrogation that a lawyer needs to explain based upon your particular circumstances. The other driver's insurance company wants you to never ask for money and never hire a lawyer.
The passenger should sue the at-fault party -which is the other car. However, if the passenger's lawyer thinks that there might be any fault by comparison on you for not avoiding the accident, there is nothing to prevent the passenger also including you in on the lawsuit. However, if no fault then it should be difficult to prevail. If you get sued, notify and give all paperwork to your insurance company immediately as you have already paid for your insurance company to have lawyers defend...
Always tell the truth and cooperate. It is easy to obtain all of this information with or without your cooperation and appearing deceptive can severely hurt your cause. Report to your insurance company.