“If the police report does not determine fault, you may need to negotiate with the other driver’s insurance company. This may require submitting proof that their driver was at fault in the accident.
If they accept liability for the accident, your medical bills will be covered up to their insured’s bodily injury liability
Once these limits are exhausted, you may need to either submit a claim through your own insurance or pursue the other driver for the remaining costs.
If the other driver’s insurance company is unwilling to work with you, you should speak with a lawyer. There are lawyers that specialize in bodily injury claims and accidents. Most don’t charge a consultation fee, either.
They’ll be able to review the accident details to determine if you have a case. From there, you can decide if you’d like to pursue legal action.