An arbitrator has awarded $50,000 to a bicyclist who suffered a broken jaw after an angry driver stepped out of his car and punched him as the two stopped at a light next to Powell's City of Books.

The money will help pay some medical bills and lost wages, but cyclist Seth Jacobson is disheartened that police didn't arrest the driver or even write up a report.

The encounter unfolded shortly before 1 p.m. on July 24, 2016, when Jacobson and the driver of a Lexus SUV argued in downtown Portland about who had the right of way. The two cursed at each other, then continued their way up West Burnside Street.

Jacobson thought that was it, until he stopped at a red light next to one of the city's top tourist destinations. The driver, Gabriel Smith, 38, got out of his SUV and socked Jacobson in the jaw.

After Jacobson dialed 911, Officer Christopher Gryphon responded.

But when Jacobson told Gryphon that he wanted him to write up a report, the officer didn’t, said Jacobson’s civil attorney, Mark Ginsberg.

Jacobson "was very disappointed,” said his lawyer, who thinks police didn’t take the attack seriously.

Without a report, Ginsberg said, there would be nothing to forward to the Multnomah County District Attorney’s Office for review and no real chance that prosecutors would pursue assault charges.

Sgt. Chris Burley, a police spokesman, said the officer spoke to the driver that day and used his discretion not to write a report.

“The DA’s office doesn’t even know about it,” Ginsberg said. “Officers have a lot of discretion. ... The reality is if the police officers don’t support it, that’s where it dies.”

The officer didn't brush off the encounter, said Sgt. Pete Simpson, another police spokesman.

"The incident was taken seriously, but handled as an issue of a mutual disturbance between two people who cooled down after police involvement," Simpson wrote in an email. "It's unfortunate that the information was not documented in a police report to further explain the resolution at the time."

With no criminal case underway, Jacobson filed a lawsuit against Smith in Multnomah County Circuit Court. He agreed to let an arbitrator hear the case.

Last week, the civil case closed -- with arbitrator Leonard Berman awarding Jacobson the $50,000 -- the most possible in arbitration under Oregon law.

Jacobson found out his aching jaw was broken after seeking medical attention and spent six to eight weeks sipping liquids and avoiding solid foods, his lawyer said. He underwent three surgeries, and doctors attached three metal plates to help him heal.

Smith, who lives in the Raleigh Hills area, told The Oregonian/OregonLive that he was acting in “self-defense.” He said he was especially worried because he had his 13-year-old daughter in the car.

“For all I knew, this person had a gun in his pocket,” said Smith, who represented himself in the arbitration.

Jacobson wasn't armed, his lawyer said, and was simply cycling to meet his girlfriend at Sizzle Pie pizza, across the street from Powell’s.

Ginsberg said his client never laid a hand on Smith and that Smith drove off immediately after the attack.

A witness who didn't know either man testified during the arbitration hearing that the assault was "unprovoked," according to Berman, the arbitrator. Berman found that although Smith claimed he was acting in self-defense, he also admitted to making a “preemptive strike.”

It's not clear if the cyclist will get any of the money.

The driver's SUV belonged to a now-defunct company that didn't have insurance that covered such road rage encounters, Ginsberg said.

Smith said he doesn't agree with the decision and doesn't have $50,000, in any case.

"I have no assets," he said. "I was planning on going bankrupt anyway. ... I'm like a total turnip."

-- Aimee Green