Not At Fault Car Accident Issues

Crimsonlake

The other driver went in to the back of me at a roundabout. Witnesses say beforehand he was driving erratically narrowly missing other cars whilst seen sucking on a balloon - which turns out is a drug. He hit my car so hard he bounced apparently! Also he was arrested by police at the scene.
The policy holder is now denying being the driver which is now dragging out the process. Assessor has not been out to assess car and accident was on the 02.08.
I have been provided with a hire car for the last 3 weeks by the claims company. Several sessions of physio have also begun, arranged through a solicitor, who again was arranged for me.
I have tried to contact the insurance company to ask why I was not given the option of going through my own insurance, typically both times this particular department have been closed.
I think I am probably too far along to actually demand I go through my own insurance now.
I today asked the insurers whether i could get a refund on my insurance since my car has not been driveable since the accident and is due for renewal on the 07.09, i was told no since I did not put a halt on the insurance in the first instance. Typically no one mentioned this earlier to me. 
Thank you all for your comments.

Crimsonlake

Also to add no progress as we are waiting on the third parties insurer to act on things.
I am also still waiting for a call back from the police officer in charge to give me an update.

ThorOdinson

If the driver is prosecuted for being on drugs at the time, you won't have much to worry about. The TP's insurance will have to pay up, regardless of if the policy holder was driving or not.

I wouldn't worry too much at this stage. You have a hire car and it's not going to cost you anything - the delay is just making it worse for the TP insurer. If you have any long trips, put the miles on that thing. Get physio and keep a record of all your costs.

Crimsonlake

Update on my situation -
Claim still settled and have been informed by the claim company that in all likelyhood the other drivers insurance is cloned / fraudulent! 
Really worried where we go from here as I have had a hire car provided by the claim company for nearly 3 months and if the third party wont pay out for the claim who is going to pay the cost for the hire vehicle??
Initially i have been told once investigations completed and if the driver at faults insurer wont pay out then I will have to go back through my own insurers.
What a nightmare this has turned out to be!

cw8825

If you signed up to a credit agreement with the accident management company
they won’t be able to recover the costs from anyone as long as you have not misled them

Crimsonlake

I have not misled them and have been very transparent. However it is stressing me out the worry that they might try and recoup the bill for the hire car from myself. I am too scared to ask them this question outright.
The claims company informed me that they had never come across this situation before.

cw8825

That’s kind of their issue not yours. 

They should end up having to accept the costs as a loss. 

Have they taken the car off you? 

Crimsonlake

No, as it has not yet been confirmed for definite that their insurance policy is cloned, the claims company have just made me aware of thiis development  a couple of days ago. 

cw8825

If the claim is settled. Why do you still have the car?

Crimsonlake

Gosh, sorry I should have said claim still unsettled!
My car eventually assessed last week, however instead of getting a phone call to let me know the result, I was given the news about the likelyhood of the insurance policy of the other driver being cloned.