DearCustomer- This will be according to the terms of the policy however if the driver is covered then you will have to contest the offer from the insurance company. If you do not agree with what they want to pay you can file suit. If you file suit you may be able to collect punitive damages if you can show this was an intentional act.
You may also want to turn this in to your own insurance to possibly obtain additional coverage. In any event, you are not required to accept the offer made by the insurance company.
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