Accident with a DUI driver... whos fault?

A couple nights ago I got into an accident. I was racing this dude in a Jetta down West Liberty and all the sudden he slammed on his breaks. Seeing this, I pulled into the right lane trying to avoid hitting him. I guess he got the same idea so he could avoid hitting the car in front of him (which happened to be a cop) so he switched lanes too, just enough to barely clear my car. I ended up rear ending him, cracking my bumper, pushing it up into my headlight a little bit, scratching the paint, and chipping a little paint off of his back bumper. The cops charged him with a DUI and took his car for the night. My question is who do you think the liability will fall on according to the insurance companys, considering he was drunk, switched lanes in front of me giving me no time to react, and alsmost reared a cop car? Remember, he was a drunk driver.