Who is at fault?

You can dispute the report by calling your insurance company and explaining your version of what really happened. Your insurance company has a duty to investigate the claim before accepting liability for the accident. If there are any witnesses (preferably independenet witnessess), they could potentially help your argument if they give a statment similar to your version. You can also fight the ticket (if you received one) in traffic court. If you were injured in the accident, you may have a claim against the other driver. You should consider speaking with a personal injury attorney about your options. Most attorneys like myself that handle such cases offer a free consultation and case evaluation.