Non hit and run driver

[pratik0085]

I was traveling on the right hand lane on a two lane road (two lanes each direction) going about 45mph. I had a green light, as i was in the middle of the intersection, a red minivan stopped on the perpendicular street at his red light took the turn in front of me, i took a sharp left turn to avoid hitting him and ended up hitting the curb causing damage to my axle and possible frame damage on my vehicle. The minivan stopped for a brief moment, looked at my car, then drove off. Another drive( witness), followed the van and got his plate #. I called the police, and they said since he didnt hit me, i couldnt file a police report. I called my insurance, and since he didnt hit me ( i have liability insurance) they wouldnt cover it or pursue to talk to his insurance. I have his plate # and two witnesses, can I file with small claims court for my damages?