personally i would just deal with the insurance company. if his driving is THAT bad to where he is worried about his insurance rates going up, then he should not be driving at all. If he can't afford insurance anymore, it is his problem, not yours. Remember, he hit YOUR daughter. It could have been a lot worse. Next time, the other person might not be so lucky. Maybe the money that he would pay for insurance should go towards a bus pass or regular cab fare.
I got rear-ended last September, and had less than $1k damage to my car-same thing with the bumper, just paint and replace the absorber (though she hit me going about 20mph, and her little minivan was pretty messed up), but I am still in phys therapy because of lower back issues, and there is nothing they can really do for me until Ben is born. Until then, I am in pain almost all the time, sitting, standing, walking, and the added pressure of the weight gain from being pregnant isn't helping.