How the feck is that fair, it shouldn't matter what state he was in, if he's insured you should be payed and then his insurer should screw him! Grrrrrrrrr

this is a rare case when I would actually recommend a no win no fee solicitor to sue him for personal injury.
And yes, regardless of what you get for the car, sue the feck out of him, damages, stress, shock, whiplash, distress, whatever you can squeeze out it...
Sorry, but I hate drink drivers!