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However, if they were insured, file. Even in small claims it will trigger their carrier's duty to defend and most likely, if their insured was at fault, they settle out your deductible as well. If they weren't insured, skip this: I've done this in cases where the other driver was at fault in my opinion and that of my carrier, yet the other driver, and carrier, disagreed. The insurance companies settled out on their own splitting the bill. I was angry enough in this case because the other driver acted intentionally (in my opinion) and was lying, that I filed. The other carrier caved almost immediately once their client got the complaint. Just as it isn't worth it to your insurerer, it isn't to theirs as well. If the other driver was not insured figure out if they have any attachable assets and file a small claims case if they do. Especially if you have an administrative finding, such as from your insurance carrier or a police report that you were not at fault as it might be used as evidence. It's a lot of trouble though. If your deductible isn't all that big, I'd shine it.
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1991 Aztec Red TT bought new in '91
Way back then, added JWT chip, ignition advance, Pop charger, Stainless 3pc Borla cat back; 17 in. OZ wheels
Sold 1994, 88,000 miles later, still on orig clutch; what a car 1991 Charcoal Gray TT purchased 06/05 and a heck of a lot more bang than my original. 
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