What to do if we were hit by an uninsured driver from China?

Question Details: Saturday we were rear-ended in car accident by a 24 year old student from China who had expired insurance on his car. We were taken to the hospital and released; our car is drivable but will need rear repair or replacement if the adjuster deems it too expensive to fix. The student says that he wants to settle without involving insurance, however we called our insurer already. We were stopped on freeway in a construction zone and he hit us from behind going about 40/45 mph. Now, 3 days later, our bodies are sore but nothing more so far. We are 61 years old. We now have hospital bills, missed work and car repairs. Can we settle with him even though we contacted his and our insurance company? He said that he is leaving the country soon and wants to settle? What should we do?

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