i would still consult your insurance to see if filing a claim in this instance would automatically increase your premiums. there are same cases they don't but it depends.

what kind of damage was done? i was in a not-at-fault accident just a few weeks ago and tried to keep our insurance peoples out of it since damages were less than $1k. but things went south real fast and i'm glad i still filed a claim w/ my insurance. eventually things worked out but i had some peace of mind knowing that if the other guy didn't pay up i'd be covered, not only for the immediate damages/repairs but also for anything that might possibly arise later

sorry to hear, though