Quoted By:
This is in New Zealand so I don't know how a litigious nightmare society works, but last time I got hit by a car here's what I did:
>Got drivers number and plate at scene
>he was apologetic and admitted fault
>Told him I couldn't evaluate damage right then and there and i'd call him tomorrow and take the bike to a shop to be evaluated (keeps it above board, easy for insurance company to deal with)
>called him tomorrow
>asked him to admit fault to his insurance company
>he did
>took my bike (90s race bike) to a bike shop, they evaluated damaged frame and quoted 2 things, 1, a replacement frame (a ritchey logic, $1500, lol), 2, resale price, ie, what the bike would have been worth used if not damaged ($1000, also lol).
>called the insurance company. Told them this. The bike shop then emailed the quote to the insurance company
>Insurance company gave me $1000.
So they typically either do replacement cost (parts of new equivelant bike) or resale price (estimated value before crash). The resale price can also be quite high, as you can have it quoted at what a -shop- would have sold it for. And bikes shops will typically have done this a few times and have relationships with insurance companies.
I don't think you've fucked up by not doing anything immediately. After a crash, you're in shock. The system surely can't expect you, a victim, to do anything immediately. What if you'd been knocked out? It's probably not even your word against theirs. There's probably a camera there.
I would contact a bike shop and the man, and try to go down this path. If he doesn't want to admit fault to his insurance, contact the police. File a report. It won't be too late. Ask about cameras. Maybe contact a lawyer. The man will stand to lose his license or be in criminal trouble if that path is gone down, and it will be a massive hassle for both of you. Be nice to him, and keep this implication in play. It does not have to be adversarial until it does.