I was rear ended at a red light by a 16 year old who wasn't on the insurance policy. Ins is refusing to pay. Is this a civil case?

Ins is USAA who told me they can't get in touch with their insured and "there are coverage issues" so they told me to go through my own insurance. I do not think I should have to have a claim on my insurance and pay my deductible and for a rental when I was not at fault.