My question involves an injury that occurred in the state of: Maryland

Hello and thanks for any help beforehand.

I was involved in a car accident several months ago. It was in a construction zone where lanes shifted from left to right a few times. I know the route well as it is part of my way home from work. During one of the lane shifts, a woman sped from behind me and sideswiped me knocking off my mirror and leaving minor dents and scratches on the side of my vehicle. There was barely any damage to her vehicle aside from some scratching and maybe a minor dent.

A police officer came and told us that the insurance companies would be unable to determine fault and to just exchange insurance information.

Now, a couple weeks ago, I received a letter informing me that I am being sued for $40,000 for the accident due to medical expenses, damages, lost wages, mental and physical suffering, etc.

I forwarded the information to my insurance company. Now I hear back from them telling me that the police report is indicating that the accident was my fault for not following traffic patterns. My insurance company is also telling me that since the accident was my fault, it will most likely be going to court. Also they told me that since it is a civil case, I may end up paying out of pocket.

My questions are:

1. Why would the police report indicate something that the officer certainly did not tell me at the scene of the accident?

2. Since this is a civil case and she seems to be suing me directly, not my insurance company, what does this mean for me? Will the money come out of my pocket? If so, I only have about $300 in checking, no savings, no house, no credit and I own a beat up old car that cost me about $6000 when I bought it years ago. I have no way to afford any sort of payment. What would happen?

3. How likely is this case to settle out of court?