Had you had comprehensive insurance,

yuor insurance company will fix your car first and go after that driver. Too late to say it now. If you need to know more about car insurance. Let me know.

Don't go to small court. $5000 is the most you can get.
Call your insurance company. I guess they will just not gonna do anyhting until police report faults anyone.
Hire a lawyer, and get your car fixed. Cover the car repair cost yourself. If you win the case, the other company will cover it. If you lose, heck, it is just another lesson in life.

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