Filed a claim with someone insurance who hit me. Because they cannot obtain his statement they will deny my claim.

As a personal injury lawyer in Baltimore, MD, I am familiar with your auto insurance question.  Whether the insurance policy follows the car or the driver is a common question that differs from jurisdiction to jurisdiction and from policy to policy.  A lawyer can subpoena his policy to investigate whether his coverage applies to your situation. Fortunately, even if he is not covered, you may be able to include the rental company in the lawsuit.  If the company allowed the person to drive without first making sure he signed a rental agreement, then the rental company may have negligently entrusted the vehicle to him.  Or, he may have been an employee of the rental company, and operating the vehicle as an agent of the company.  In either case, the rental company could be liable for your damages.  So consider including the rental company as a defendant in the lawsuit. You will need to retain an attorney to fully investigate the matter.  For future matters, here is a list of what steps to take after a car accident.