If the other driver is at fault, you pursue a claim with his/her insurance carrier. You should have learned the identity of the carrier at the time police investigated the situation. If you had no insurance at the time of this collision, you have nowhere else to turn.
If you were hurt, you need to consult with a personal injury attorney.
I wish you well.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
If the other person is at fault in whole or part, he/she is still liable to pay for damage caused by his/her negligence. If you were not injured, and the 2 special-needs children were not injured, then there is no further action to take in that regard. If you/they were injured, then consult with a personal injury attorney immediately to determine your rights to seek compensation.
His or her insurance company is responsible for paying for the damage to your car if that driver was at fault for the crash. If the other driver does not have insurance, then you would have to pursue collection of the damages against the driver individually. If you are at fault for the crash, then you will have to pay for your damages yourself. Good Luck
Attorney at Law
Brown Tompkins Lory & Mastrian
608 East Market Street
Indianapolis, Indiana 46202