denied liability due to expired drivers license

[dvk]

My state: Colorado
Accident happened in New Mexico.
Another driver was making an illegal U turn on a state highway and caused the collision. Police report clearly states he is responsible for the accident + he fled the scene and was caught by police! His insurance denies the claim stating the policy holder's drivers license expired a week before the accident. Policy holder is not the same person who was driving that car, but they have the same last name and address. 3 persons in my car (including driver) were injured (concussions, severely broken arm, bruises etc). We didn't have a uninsured motorist/medical coverage. We need to find out who to go after to reimburse our bills - his insurance company or the driver?
Any help/advice is greatly appreciated.
Thanks.

 

[stephenk]

you go after the driver of the car and the owner of the car (if a different person).

consult with a personal injury attorney. the insurance company's denial of the claim doesn't sound right.