car crash

Typically, the owner of the car is strictly liable for injuries cause to a third party, such as yourself. There are exceptions that would have to be explored in detail prior to forming a sound opinion

The answer is, it depends. Merely because the driver is not listed on the policy is not a basis to deny coverage. However, there are circumstances for denying coverage  which may include: (1) If the driver was specifically "excluded" from coverage they can deny coverage;(2) If the vehicle was taken totally without permission, to the extent it could be considered almost like a stolen car, that can be a basis for denying coverage (but the circumstances how the person got possession of the car is a significant factor), or (3) If they are denying coverage because the driver was a household member who the applicant failed to disclosure on the question asking them to list persons in the household. An experienced personal injury lawyer will know how to determine if the denial is legitimate. You should understand, many insurance adjusters misrepresent denial of coverage hoping people will go away, or just plain dont know the law.