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If it was determined to be the other person's fault insurance doesn't matter. The financial liability goes to the person at fault. If the person didn't have insurance the only recourse would be to go to court but insurance is there to prevent that.
As for scooter damage, if there's so much as a frame tab bent or any sort of misalignment in the frame it's totalled. There's no insurance company in the US that would take on the liability for a repaired frame. Plus a certified motorcycle frame builder would charge more to straighten the frame than the bike's worth.
When the time comes to get any payment they'll obviously lowball you. I'd hold out for a complete replacement. The guy took out your scooter so you get a new one of equal value, unless your scooter was a total POS beater then there's some depreciation. But insurance usually kicks in a little extra to persuade you not to go to court in a neck brace. Considering the low cost of these scooters I doubt you'd get much resistance from the insurance company to argue for a new replacement Chinese scooter.
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