Bro, this case is similar to drunk driving. Insurer will refuse to pay. That's y some ppl always scared to report drink driving cos immediately insurer won't pay then they will have to go through lawsuit. In this case, wonder what is the reason they refuse to cover the fellow that hit U.
Hopefully one day the law should be that Insurance companies should be forced to pay up on behalf of their insured driver for the assessed liabilities and then afterward sue their client
One way is depends what car he is driving, if it was a PHV crap car, you sue him. Then he say he won't pay, At most he will kena a fine and you may pay more in legal fees. I know it's sounds unfair. Just trying to present to u the unforseen circumstances.
Just be careful in checking with lawyer as they are here to make money. If he was driving a lambo, I will 100% recommend u sue him gao gao.