be careful who you take to court...
so most states have minimum insurance requirements for liability per party and per accident...
need to find out if the $5000 is per accident or per person.. i dont know what the guy's policy reads.. you should be able to get a copy of it...
anyway if the insurance company pays out its max to the parties involved, they have fulfilled their obligation..
the man who hit the 2 cars has not fulfilled his obligation..
look back to one of my earlier responses.. if the at-fault driver causes $50,000 damage to the mercedes and your bus.. and his insurance pays $5000.. thats not a release of liability.. thats simply all the insurance gives you.. most regular people carry insurance high enough to cover their full liability in a crash, thus why you would sue the insurance company..
I carry 100/300 medical and 300 property damage... so in my case if I wreck out a guy's mercedes and someone's bus.. of course my insurance ocmpany would low-ball the damages.. esp on a totalled vehicle.. and it would stand to reason because likely much less than 300K was paid that my insurance company would be who gets sued... (they would probably sue me too because you always sue everyone..)..
small claims court is MUCH easier than a full lawsuit like mason answered.. ive been through both and small claims court where i live was just as mason described.. in and out.. most often only one side has really done their homework and they typically win.. you usually arent allowed to have an attorney in small claims court.. the idea being that its a smaller amount and designed for people to be able to represent themselves..
a full-on lawsuit is where you hire attorneys and sue everyone you can.. these are again like mason mentioned, dragged on with multiple apearances.. generally for larger amounts or cases that can get hairy...
your bus was parked, this driver was the obvious at fault who is what you would call under-insured, so he was licensed and legal.. so its not a criminal case.. its simply a case of needing to fulfill his property damage liability.. perfect small claims court case..
do your homework.. again the judges like to see people that have truly done their homework and seem to side with those individuals.. real numbers, real paperwork, pictures, etc... I find courts like paper.. so print everything you take out.. dont expect a judge to look at pics on your phone or an ipad..