| "Who is at fault?"
Nobody here can tell you the answer to that question.
"Who pays?"
Whoever is found at fault.
Look, they are already claiming that you are at fault. The police report is not as important as you might think -- since the police didn't witness the accident occuring, only the aftermath, their report is just an opinion. The police report is not binding on anyone. The way to handle this is 1. stick to your guns, and end up in court telling your side of the story to the judge, or 2. telling your insurance company what happened, and letting them duke it out with the other party.
If you are not found at fault and the other party pays, they shouldn't have any reason to raise your rates. |