I was gonna say what Gorikopoi and Yuvaraj said. I would call the other guy and describe the whole situation. Eitherway, you would lose the case even if it gets to the court. There is no physical contact made between two cars, unless that guy come in front out of humanity cause and do something on his own realizing it was his fault which produced all this hiccup. And, insurance companies are evil at best,they don't really care about human values, they treat you as liability and try their best to find ways not to pay you. They found a reason, not to pay you. If I were that guy, I would personally shell out some from my pocket even though am not legally obligated to do so, but there is this thing called conscience in every one of us—more or less which would make me to do so. You can hope so and see what that guy is upto. 
Best of luck and every incident occurs for us to learn something, I hope you learned something on the way.