bob - you could and should have sued.
A few years ago I collided with an elderly man on skis. I was riding down the side of a wide trail and he was skiing across the fall line. I yelled and screamed that I was coming up behind him but he just kept coming. We collided side by side – I did not barrel him over and we did not hit at a high rate of speed, I didn’t even fall, but he was quite shaken up, maybe a dislocated shoulder.
I filled out an accident report and a few months later got a letter from his attorney informing me that he intended to sue and that I should contact my homeowners insurance co. About a year and half later my insurance company informed me that they had settled with him for $25,000!!!!!
PC