who should pay?

What is the name of your state? What is the name of your state? MA

Here is my case:
My car was scratched. It's totally the other party's fault, and the driver admitted it. The driver said he would pay for the demage since the car is not his, but from work. He gave me his info (driver's license ...). I trusted him and didn't ask the info of the other car (even didn't remember its plate number correctly). Days later, he refused to pay me the amount I asked for based on several estimations at body shops. He said he will pay if my insurance company contacts him. When I called my insurance company, I was told that if they can not find the owner of the other car (they won't ask the driver's insurance company or the driver for that money), the money will be from my own deductable. My questions are:
(1) If the money is from my deductable, will it affect my insurance rate?
(2) How can I get the money?

[lwpat]

"If the money is from my deductable, will it affect my insurance rate?"

Maybe. Your rates depend on a lot of factors and losses are one of those factors.

"2) How can I get the money?"

File suit in small claims court. You had better be prepared to prove your damages. Judges have been known to keep people who try to rip other people off just because they put a little dent in your car.

Can he ask for more money than the damage for his time and energy because he might ask time-off from his work, prepare the material and go to the court. There shall be some punishment to the person.