Just dialed into this thread for the first time. You are lucky to be alive...

You sound like a good guy to be as concerned about the people around you as much as your own well being, including the driver who took you out.

As far as the insurance, I had a collision with a car in NY State that was partially my fault. In NY, a bicyclist is treated as a pedestrian, and by law the driver's insurance is responsible for all medical payments, regardless of fault. The drivers insurance comany notified me of that the next day, which I think they have to by law there. I had a custom built frame and the bike was about $3500.00, which was totalled, and they were eager to build me a new bike completely to my satisfaction (Campy Record upgrade!). They didn't want this to go the legal route and escalate the costs exponentially. Since my injuries were easily recoverable (torn quad muscle and cuts from bits of glass from the windshield) and they were amiable, I felt no need to pursue more money than a new bike build, and of course they paid all the medical (ambulance/ER/physician follow-up).

With that in mind, I wouldn't be surprised if, without going the litigation route:

1. All your medical payments are taken care of
2. You'll be riding the OCP bike of your dreams in Campy Record when all is said and done

You may want to consider litigation if you miss work, have any lingering issues healthwise, or if the driver's insurance gives you any resistance to an amiable settlement to your liking. Likewise, you may want some compensation for the pain and suffering. In other words, after the horror and pain and suffering you've been through, at MINIMUM you should have the bike of your dreams and not pay a penny for any medical. If they try to resist in any way, just get an atty. and go after them for maximum $$$.