Can i sue the insurance company for not paying and new issue came up with my vechile.?

To start with, you can't sue an insurance company, since the insurance company did not cause this accident. You can only sue the driver that caused the accident.

Now, (until) the other guy talks to his insurance, then they can pay for your damages, if they find him at fault. The other problem is, if the shaft from this accident or not? If not, then they would not owe.

So, my advice to you is to talk to your insurance company on how to proceed. I am "guessing" you only have liability, so they won't pay.

You're already suing for compensation. That's what an insurance claim is. Insurance claim... small claims court... that same word is used in both places for a reason. You've suffered loss or damage, and now you're legally claiming compensation for it. There is no need to start the process a second time.

In order for any insurance company to cover your 'out of place' drive shaft, you're going to have to prove that it was directly caused by that accident. If no drive shaft damage was mentioned when the original repair estimate was done, you're going to have a really hard time proving your case.

$1300 in damage means it was a really minor accident, just surface damage (I've seen windshields that cost more than that), so it's really unlikely that the crash you were in caused any mechanical damage. The argument that your drive shaft was fine before the accident won't convince an insurance company (or a judge) that it was damaged in the impact, you'll need documentation from a mechanic.

If you sue only the insurance company, then you cannot win, and they cannot pay you, ever.

If you are going to sue, then you have to sue the person who hit your car and has insurance. If you sue that person and win, then the insurance company will pay. But if you sue only the insurance company, then they can never pay you.

You can sue anyone you wish, but there is no need to. You pay your insurance premium for many good reasons. One of the best reasons is to have your insurer represent your interests. Have your insure pursue this issue for you, that's their job.

You don't need to sue. You just speak to your insurance company.

you have a duty to protect your vehicle from further damage, after the accident. if you had collision coverage your carrier would pay you less your deductible and then go after the liable party, they will only pay for the damage from the accident not for the damage as a result of you continuing to drive your vehicle. if you do not have collision coverage, then the other carrier needs to be contacted again and you need to question if they are going to make a sincere effort to contact their insured. certified letters sent ? review of the police report if one and your damages could help support their driver is at fault, have they considered? what are they doing to contact their driver/insured you should ask. however, neither carrier will pay for damage as a result to protect your vehicle from further damage,,

This is not a law suit for the insurance agency, but the person that hit you.