if u have whiplash claim for it, no point u being in discomfort for his f**king stupid mistake plus thats why u pay for legal protection. if u dont then dont.
as for the insurance pay out on your car, screw them for every penny, as ur no way to blame, u can get more than market value for your car.
told this lil story before but....: my old J-jeg fiesta, with 95K on the clock, some rear ended it, i ended up getting 1K for it, parkers had it down as vavlue of £400. basically if its not ur fault then the insurance company has to restore the car bak to satisfactory requirement which u sign for or they pay u off, normally they pay u off coz it cheaper and they no they can get away with paying u f**k all.