The other driver can file a property damage claim with your insurance carrier for the cost of repairs to her vehicle without a police report. She can also file a personal injury claim, if injured ,without a police report..If the case is settled with your insurance company, NO lawsuit is filed. If the case is NOT settled with your insurance company, you can be sued for negligence. Your insurance company will provide you with an attorney at no cost to you.Don't worry about a lawsuit because these cases are usually settled with the at-fault party's insurance company without a lawsuit being filed. Also, it could be years before a lawsuit is filed.