It would depend upon state laws and the terms of the at-fault party's auto insurance policy however likely their insurer is correct that they can deny claims resulting from the intentional act of their insured.

Intentional behavior is generally excluded from any auto insurance coverage. If it were not so, motorists could buy insurance to cover them for purposely poor behavior of hitting into other people's property knowing any damage or injuries they intentionally cause will be paid by their insurance company. This is why, as a matter of public policy; one cannot insure intentionally tortuous behavior. This is called the intentional acts exclusion.

So while you may feel this exclusion is punishing you, it should be actually punishing at-fault party because he or she should be held accountable for their actions and pay you personally for the damages they caused you. If the person does not do this voluntarily then you may need to take them to court and get a judgment against the at-fault party.

Another option is to place a claim against your own Collision coverage, if you have it. You will need to pay your deductible but you may see if your insurance provider plans to subrogate with the at fault party and if so see if there is the possibility of them getting your deductible amount back this way.

Since it is doubtful that the person's insurance will have to pay out due to the incident being an intentional act so if you do not have Collision coverage for your property damage and PIP or Medical Payments to cover your injuries than you may need to go to a lawyer for legal advice about what your options are. Before speaking with an attorney you may want to contact your state's insurance regulator to see if they can give you consumer advice about your incident and the best way to proceed.