Is there negligence if there is a car accident and the driver was under probationary license?

In february my daughter stayed the night with a friend. Her friend had to take some stuff to someones house and the parents allowed my daughter to go with her. On the way back a deer bolted out in front of them and they swerved and struck a tree at 50 mps impacting on my daughter side of the car. My daughter sustained back (2 bulging disk and soft tissue), neck injuries (soft tissue damage) and multiple bruises and lacerations to her legs. The insurance company says there was no negligence since it was a deer. The one thing I question is the fact that the driver was in her 90 days probation license. In Indiana no one under the age of 18 can ride with someone on their probation license for 90 days without an adult present. Would this be considered negligence? Her bills are up to $22,000 and the insurance says they will only pay up to $25,000 medical and no pain and suffering. If it goes beyond $25,000 then we have to file a bodily injury claim and only then will it pay pain and suffering.