First of all hope Jim is OK. That's the main problem right now. Getting him better. Take care of him. My prayers are with you both.

As to your claim: Hold off running to an attorney. Hopefully you have the drivers information. Contact the driver. Make sure the matter was reported to the insurance company. Get the insurance agent or company phone number and if they have not called you by now (usually call time is within 24 hours of reporting a claim), call them. Let them know who you are. Ask them what they need from you and if they have accepted liability. If so, ask if they can help out now with medical bills and the repair or replacement of the bicycle. Allow the insurance company to do its thing first. If you then get resistance or they begin to argue liability, then consider getting an attorney.

Depending on your state you have anywhere from 1 - 3 years to file a lawsuit. Getting an attorney means what ever the insurance company does pay 33% goes directly to the attorney. Your claim is not going to have greater value if you have an attorney. Most insurance adjusters are not intimadated by attorneys. In fact, it makes things easier for them. They have a higher duty when dealing with "real" People. When an attorney's involved, claim goes to the back burner. Also if Jim's injury claim is worth say $15,000 (and his is in reality worth much more than that) that means you get only $10,000, less costs, and the attorney gets $5,000. Try to handle this matter yourself first. If you need any help or further advice you can PM me.

Pam