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At-fault driver's insurance denied my claim because he wasn't supposed to be driving the car??

I'm honestly still in shock trying to wrap my head around this. A few weeks ago I got T-boned at an intersection — guy blew a stop sign and hit me on the driver's side. Police came, filed a report, other driver was cited. Pretty clear-cut fault situation, or so I thought.

I filed a claim with the other driver's insurance right away. Heard nothing for almost a week, then got a letter that basically said they're denying coverage because their insured (the car's owner) had a policy exclusion for anyone driving the vehicle who didn't have "reasonable belief they were entitled to operate it." Turns out the guy who hit me wasn't the registered owner and apparently wasn't supposed to be behind the wheel at all.

So now I'm stuck. My own insurance says they'll cover the repairs but I'll owe my deductible, and there's a decent chance my rate goes up — even though I did absolutely nothing wrong. They also said they'll try to subrogate against the at-fault driver personally, but made it sound like a long shot.

I'm furious. How is it even legal that someone can hit you, be 100% at fault, and then their insurance just... walks away because of some internal policy exclusion? Does that mean I'm just eating this?

Has anyone been through something like this? Is it worth talking to a personal injury attorney about suing the driver directly? I don't even know if he has any assets to go after but this feels so wrong. Any advice appreciated — I've never dealt with anything like this before.

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