No. You can still bring a claim but you will be required to prove your case. I would recommend hiring an attorney and completing an investigation right away. The citation from the officer is typically not admissible evidence. Good luck!
Contact a local personal injury attorney right away. I wouldn't give a statement to the insurance company without retaining an attorney first. You have a great claim and you should see representation. Good luck!
You need an attorney who only does injury work. Your insurance company shouldn't rely on the insurance company for information. In my office and in the offices of nearly every injury attorney in this forum, we collect the records on our own and we have the responsibility to make sure it is accurate. Seek clarity from your lawyer.