Automobile insurance problems?

I was plowed into by a car going at 40mph while I was wating for someone to turn right. The police report makes it clear this person was at fault+gave them a ticket! Also, I am injured. I am being told that I can't collect insurance from them unless the driver tells them it was his fault! Is this a joke? This was a young kid and I think he might have been impaired also. Does he have to say it was his fault when the police report is so clear?