Ouch.
2-to-1 says the owner doesn't tell the insurance co that Jose was driving.
I'm wondering if he's illegal or if he has warrants out since he disappeared. If he's illegal the insurance company might not pay.
Save all the paper work, police report, pictures, etc... Write down everything that was seen and everything that was said by you and to you by all parties before you forget it. That can help you slamdunk the case against them if you have to take it to court.
RJ