Don't think it's even possible to claim under his insurance under the above circumstance. In fact, if you do this, you will be charged too - you purposely langgar dia, and you can't claim under your insurance either coz you intentionally hit him. Either you move to another lane (if clear), or just stay still. If he hits you, you can claim under his insurance - and yes, he can't claim his own insurance coz intentional damage.