A driver can still be liable for an auto accident without being cited by the police.  The police report will determine who was at fault in the accident.  Once you have obtained the police report and it states which party was at fault, the party not at fault can have their damaged vehicle repaired by the at fault party's insurance. If the party not at fault was injured in the accident, that party can file a claim with the at fault party's insurance carrier.  The personal injury claim is separate from the property damage claim.