My question involves an accident that occurred in the state of: California
My car was recently hit by a driver with an expired license. I checked to make sure there were no cars around and proceeded to open my car door when it was safe. As I am standing next to my door to get in, another car hit my door and luckily missed me. I didn't call the cops (my mistake) and he accepted responsibility, however I didn't get it in writing (my mistake). I filed a claim with his insurance company and it was denied. I am aware of California law and I believe I was within my right because I opened my door when it was safe. I would like to know if I can take him to small claims court to cover the damages and argue that he should not have been driving in the first place. Do I have a legitimate case? If so, what would be the next step.