It seems to me that the insurer would know whether @Dakah1 has recourse against the driver immediately behind. This is what they do for a living, and any major auto insurer should have no problem representing their client if the claim against the middle driver is legitimate. If you want a second opinion, talk to a lawyer.
It should also be recognized that insurance laws vary widely from state to state. Some even have “no fault” policies. The OP will need to work with his/her insurance, and if necessary contact a lawyer in his/her state to fin dout how to proceed.