Originally Posted by MacCool

What the cop thinks makes no difference whatsoever. He/she can only report on their observations and witness statements. What will matter to your insurance company is your report on the accident, and the other person's report. They'll then investigtate and determine who was at fault, but the only significance of that is whether they consider it to be a chargeable accident (if your fault - therefore maybe a rate increase) or a non-chargeable accident.

As to who pays in the end, you can sue her for your deductable or other expenses, but as to the actual loss, that's the insurance company's problem. They can sue her if they feel they have a case, but you don't even have to be involved.