Would this be considered damage to my car if I was hit?

Thursday I was on my way to cl after work and to make a long story short a guy in a 93 Eagle Summit plowed into the entire penger side of my Mustang causing $2800 worth of damage. Needless to say during the impact a can of coke I had in my cup holder spilled everywhere in my car and must have gotten into my shifter because my car now says I am in drive when I am in park. My car is so hard to drive now and I will probably even have to have it towed to the dealership in order to have it repaired. The police at the scene wrote up a police report deeming the other driver at fault and I am just wondering if this would be considered something that he would also have to repair seeing as my car was fine before. What do you think? I would really like to hear from Mechanics or someone who knows a lot about this sort of thing. Easy 10 pts!!