It depends on how much you value your own time. Suing someone takes a lot of time and the stress involved sometimes isn't worth it.
Birchy would have to sue in Civil court for whatever difference there is between what he paid for the vehicle and what the insurance company gives him. He probably wouldn't get any other type of compensation and if he did it would be peanuts. Been there done that - I was awarded what the Judge figured I paid for photocopies and paper - all $150 worth, I was claiming 5 grand for time spent on the case,over 100 hours worth. I did get what I was really suing for though, the cost of a wrecked vehicle. (This wasn't my stolen Jeep for those of you who know about that one.)