Class action lawsuit?

[ital916]

So, now that ACC has admitted to being a state owned insurance company instead of a compensation scheme, that means we have now got the right to sue. Does anybody else see a class action lawsuit in the future against ACC or judge etc or the councils for the poor condition of the roads etc in relation to motorcycle accidents. ;). I aint no lawyer or anything, so I could be dead waaay off.

[Tank]

I aint no lawyer or anything, so I could be dead waaay off.

You are - I think you have been watching too much Boston Legal.

[Mully]

If it goes that way, you or your insurance company may have a case against the local councils or Transit for the condition of the roads if they were the cause.

If you were speeding, of course, you'd be out of luck. Actually, if you were speeding, the council could probably go you for repairs to the road (can they do that now? I know power companies can)

[ital916]

Indeed, it is just a customer at work suggested one today. It got me thinking as there seems to be so many in america. How does a class action lawsuit work? They seem to have one every other day against tobacco companies etc

[p.dath]

So, now that ACC has admitted to being a state owned insurance company instead of a compensation scheme, that means we have now got the right to sue. Does anybody else see a class action lawsuit in the future against ACC or judge etc or the councils for the poor condition of the roads etc in relation to motorcycle accidents. ;). I aint no lawyer or anything, so I could be dead waaay off.

I don't believe NZ law has the concept of "class action" as in the USA.

To be able to sue the ACC, regardless of what their business is, you need to have suffered a provable financial loss - after all, that is what you are suing for.

You may be able to bring a case against a council for gross negligence if feel if has resulted in a loss of some kind.

Pretty much a non starter.

[flyingcrocodile46]

You are - I think you have been watching too much Boston Legal.


Not at all. Just needs a properly argued successful precedent such as a class action (and yes you can make a class action claim in NZ).

I haven't read the Act behind ACC but I imagine that it fully captures the principle of the no fault compensation scheme being the justifiable basis for legislating against accident related compensation law suits. That does not mean that a legal challenge can't be mounted against changes to the Act that substantially corrupt the basis of justification for taking away the right to sue for accident compensation.

All it should take to be successful is a very good argument being made to demonstarte the fact that bikers are not enjoying the legislated privilege of "the no fault" compensation scheme. As the govt would be defending the action, it would be a lengthy and very expensive process, hence a class action would be the only way to take it on. (That is "after the changes are made to the Act)

Worthy of BRONZ or MNZ leagel advisers consideration I would have thought and if the govt became concerned that a challenge would be mounted (at this point in time) then they may well factor that in their consideration of the proposed changes.

Could be worth the effort of playing the hand now (even as a bluff)