Insurance Claim - Third Party Not Responding

[edcs]

At the end of March someone failed to give way to me at a roundabout and collided with the nearside of my car. My insurance company are treating this as a non-fault claim on my behalf which is supposedly good news. My insurers claims department have sent a letter to the third party, however he hasn't responded and this letter was sent on the 15th April. I'm now going to have to pay my excess and wait for the money to be recovered once/if a successful non-fault claim has been settled.

I'm now at the end of my tether with this and wondering if I can sue the third party. If I pay my excess can I then take the third party to the county court and charge him personally for a fee/interest on the money while it's not in my pocket? Any other creative things I can do so that the third party himself is left out of pocket for being a lying st?