Can an auto insurance company deny a claim because their driver was in a rental car?

I already posted this in r/legaladvice with a recommendation to post here: I was recently in a t-bone collision with another diver who was driving a rental car in North Carolina. They were turning left out of a parking lot (across two lanes of traffic) and hit me as I was traveling in the lanes closest to the parking lot they were attempting to turn out of. Their insurance is threatening to deny the claim because they were driving a rental car (the driver opted out of the offered insurance for the rental). Is this a valid cause for a denial? My understanding was that auto insurance follows the driver, not just the vehicle.

submitted by /u/tjkoala
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