Auto Insurance Claims: accident, vehicle owner, insurance co

Question
in October I was riding my motorcycle to work on the freeway in Phoenix AZ. when a truck flipped over in front of me and hit me.The other driver was 19 years old had a revoked drivers license and was was drunk. He was cited for aggravated assault.I broke many bones and am now recovering.I have a couple of questions that you may be able to help me understand. I do have an attorney. It took almost three months to get a response from the other insurance co. Finally they said they would not pay because the car belonged to his aunt and she did not give him permission to drive it. She did not report the truck as stolen. Is it really this easy for state farm ins. to get out of paying a claim? My attorney seems to think so. But it doesn't make sense to me. My other question is concerning my coverage. I have full coverage on two cars which includes no insured and under insured. But on the motorcycle that I was riding I only had liability, no un insured or under insured. Is it possible to collect from my other policy? they are all with country insurance co. My attorney wants to sue my insurance co. and not the at fault vehicles insurance. Does all of this make sense to you? Is my attorney on the right track or should
I look for another one? I am not sure what I should do.

Answer
Hi Danny,

I sorry you are going through all of this.

I am not an attorney so it would not be right for me to second guess your attorney.

That having been said, in my experience I have only seen an insurance company deny coverage for non-permissive use if the vehicle owner was willing to press charges for theft of the vehicle. Since this drunk driver was the nephew of the vehicle owner I doubt she is willing to prosecute. There may be laws in Arizona that would allow them to deny even though the vehicle owner does not press charges, but you should discuss this with your attorney.

As far as using your car insurance, I will have to leave that to your attorney. That gets very very complicated.

I hope this helps
Richard Hixenbaugh