You do not have to pay the deductible if the other person's insurance is paying the claim. If you put the claim through your insurance, and do not have uninsured, underinsured motorist protection then you will have to pay the deductible regardless of who's at fault.
An insurance company can assign fault regardless if a police report is filed or not. A police report is simply a report made by a neutral party at an accident scene. I believe there have been cases where insurance companies have assigned fault to one party when the opposing party was initially named at fault in a report.
Your insurance company is going to review the police report, your statements, and the statements of witnesses and the other party. After they review that they will make a determination of fault and decide to accept liability or not on your behalf. If you think that you were not at fault in the accident make sure that you file a claim against the other persons insurance.
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