My question involves insurance law for the state of: Michigan
I was given permission to take my mother's car by my mother in order to pick up my younger sister. My mother was unable to drive because she had taken her blood pressure pills that make her drowsy and sleepy. On my way back I collided with a truck that failed to stop and had their head lights turned off(it was approximately 9:30pm). The driver of that truck was at fault and was issued a ticket. The driver was 17 years old and was not listed under her father's insurance when this accident happened.
The problem is that I am an excluded driver on the insurance policy and the insurance denied my father's claim. An adjustor came out a day before the denial and claimed the car to be total loss and told my father that he should take his license plate and belongings because the insurance will be taking the car and paying off the dealer because the car is a lease. The very next day the insurance technician calls my father and tells him the claim has been denied due to the fact that I was the driver and I am excluded off the policy.
I do not reside with my parents and my driver's license is addressed to my grandma's where I do reside. The insurance company did have a copy of my driver's license before the accident had occurred. I am not a troubled driver. I have a very clean record up until this incident happened. I am 20 years old.
Are there any loopholes to this excluded driver situation? Is there anything that can be done to either repair the damages or pay off the dealer for total damage costs? Would this hold a good standing in court if I was to take it to court? What or who would I be challenging if I do go to court? The driver of the truck or my father's insurance company?