Excess insurance money

We bought a new car and it was in a accident within the 1st 3 months. It was not my husbands fault. Its been almost a year now and our claim is still not settled from the 3rd party who caused the accident. In January 2021 the person who are working on our case said that our claim of R22 500 will depend on the 3rd partys insurance if they are willing to pay. How can we get our money back this money was our excess to get a new car and our insurance said we can claim it back from the other party now it seems impossible that we will get our money back. There was enough evidence to show that the accident was not my husbands fault.