Does a insurance company have to pay

The fact that the insurance company will not pay at this time, doesn't mean that you don't have a claim against the driver and owner. The insurance company only has to pay if the all of the conditions of coverage are met. If the driver, not the owner/insured, is not listed as an insured on the policy and does not have a drivers license, most insurance companies will not provide coverage. You can still sue the driver and the owner for damages. The insurance company might cave in and pay if you sue the owner/insured.