I got rear ended (not at fault) by a 14 year old kid who "only looked down for a second". My insurance company paid $2000 for my out of pocket medical expenses until I get paid back by the kids insurance company. It put me out of commission and in physical rehab for 5 or 6 months. My premiums went up $266 per year because I had a claim. It doesn't make any difference who's at fault. The tip here is to pay the expenses out of your own pocket until the others insurance company ponies up or they will count it as a claim that you made. The insurance company marks it as "accident". The state tells the insurance company it's an accident, but not who is at fault. It doesn't matter who is at fault, you will pay. Let your lawyer know about this expense too.
