Insurance deductible loss

I was involved in a car accident in September, 2016 that was not my fault. I had a deductible of $500 which I paid out of pocket against the repair. My insurance company attempted to recover  this amount through subrogation from the party at fault (including turning over the recovery to a collection firm). My insurance company failed (the other party refused to respond to any contact) and contacted me in 2017 to say they were ceasing to make any further attempts to collect. Can I claim a loss for 2017 for the entire $500 or any portion thereof?