I don't know how the law is there but since she went over the limit 100% of the blame goes to her that is how it is here for me. Any insurance company will look at their chances of winning regardless of what is right and wrong , if their insurance company says that there is a high chance of not paying you then they will go through a court and win it over you other than that when they see that they wont win the case they just hand you the money or do whatever it takes to compensate. Insurance companies are there to make money , and not lose. Keep that in mind!