Wy don't you consult a lawyer? You may have to use your own coverage if he is uninsured. That will be better than trying to get money out of this guy in small claims court. However, if you have no um or collision on your policy that may be your only hope. But I would see a lawyer and get personalized advice.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If you have suffered damages to your person or your property, and you have not given release to the defendant, you may sue. However, if your only problem with this person is that he was lying about his insurance coverage, that alone would not a reason to sue. I highly recommend you consult your own attorney to protect your legal rights.
Talk with local counsel. Small claims may be your best avenue to recovery.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Contact your insurance for your property claim. If you were injured and have uninsured motorist coverage get an attorney. Otherwise, yes, you can proceed to small claims against both the driver and the owner of the vehicle. I f you get a judgment, it can be filed with the DMV and the defendant(s) will not be able to renew their license until the judgment is satisfied.
Sign up to receive a 3-part series of useful information and advice about personal injury law.