Auto Insurance Claims: Hit by a drunk driver who is considered as a unlisted driver, drunk driving

Question
Me and my two children were rear ended by a drunk driver. Who fleed the scene and were stopped by two witnesses. He totalled his car. Got taken to jail. The car he was driving has insurance but he is considered to be an unlisted driver on the policy. Will this claim that I have filed on the owners insurance be denied or approved. The drunk driver was at fault. We also suffer injuries such as back and neck pain. We are currently going to therapy at this time. We have an attorney for the personal injury. How long does it take for this case to be solved. It has been three weeks now. This case is currently under invesigation. The claim adjuster has the police report and all other information that is needed.     Please help.

Answer
Pamela,

   You didn't provide me with the State where this occurred which makes a bit of a difference.  Here are some common scenarios and the related coverage results. . .


Scenario 1 = Driver is unlisted, but permissive user, and the owner's policy doesn't have any strange endorsements.

In scenario 1 you will almost positively get paid for your reasonable damages up to the limit of the policy.

Scenario 2 = Driver is unlisted, but permissive user, lives with the owner, and the owner's policy has an unlisted household member endorsement.

In scenario 2 your claim will be denied, due to no coverage for the unlisted household member.

Scenario 3 = Driver is excluded.

In scenario 3, there is no coverage.

Scenario 4 = Driver is unlisted, doesn't live with owner, doesn't have regular access to the vehicle, but didn't have permission to use the vehicle.

In scenario 4, there is no coverage.  

I hope this wasn't too confusing!  We are also available for free telephone consultations, look up Petty Details, LLC, if you need more information.  

JP