It sounds like it can't be blamed on the car either.
No offense, but I don't know how you can say that.
In my case, the car pulled out of a side street from the other side of the moving truck I was passing, directly in front of it. The truck had to slam on his brakes to avoid hitting the guy, I was alongside the truck accelerating past it. The car appeared in front of me so fast there was nothing to do but jump straight up and over. My bike nailed his rear quarter panel, I landed on the other side.
The car driver was charged with reckless driving, failure to yield, and reckless endangerment. His insurance paid all my medical and therapy bills (badly bruised hip), time missed from work, bought me a new bike, and a little thrown in for pain and suffering. I could have easily gotten more if I would have sued, but I'm not the greedy sueing type... it was a fair offer and I took it.