Sooooo I've been in an accident

[haimsadia]

This thread is for people who were hurt by others and I would like to hear about the outcomes of their court cases as far as compensation goes.

I have two bikes one is a supersport and the other is a 50cc scooter which I was (thankfully) riding on the day of my accident. The accident occurred on the 16th of june on upper queen st. I was going at full speed through a green light at about 45-50km/h as i got hit by a teenage driver this caused me to become unconscious. The next thing I remember is that the doctors and nurses were trying to straighten out my legs as I was waiting for the emergency surgery to be carried out on me.

I was released from hospital about one week later with two completely broken legs and a concussion which was pretty awful at the time. Right about then I had received a letter from the little shit's insurance company asking me if i admitted liability to this accident which i clearly wasn't. Anyway this really got me angry and now i'm really wondering what sort of compensation I should expect?

To put this into perspective for you:

- I'm a final year engineering student ( I'm ignoring all the pain and carrying on with my studies in order to graduate with honors this year)
- I was not able to actually work at my job as an electronic engineer which i just got about one month prior to the accident.
- I will have ongoing pain for a really long time along with on going costs associated with my injury and temporary disability.
- Dont know if the insurance company will cover the costs to the jacket gloves and helmet or my scooter... non of those items were cheap... I don't compromise on safety.
- The WORST of all is that i'm not able to do the things i love which are running and riding my bikes for a LONG time.
Habving all that in mind what should i expect to receive here in NZ? From what I understand the little shit will just get a kiss on the arse from the judge and walk away laughing with a disqualification along with a mini fine. ( yes he was found guilty by the police).

Anyway any input into this matter would be appreciated.

[phill-k]

This thread is for people who were hurt by others and I would like to hear about the outcomes of their court cases as far as compensation goes.

I have two bikes one is a supersport and the other is a 50cc scooter which I was (thankfully) riding on the day of my accident. The accident occurred on the 16th of june on upper queen st. I was going at full speed through a green light at about 45-50km/h as i got hit by a teenage driver this caused me to become unconscious. The next thing I remember is that the doctors and nurses were trying to straighten out my legs as I was waiting for the emergency surgery to be carried out on me.

I was released from hospital about one week later with two completely broken legs and a concussion which was pretty awful at the time. Right about then I had received a letter from the little shit's insurance company asking me if i admitted liability to this accident which i clearly wasn't. Anyway this really got me angry and now i'm really wondering what sort of compensation I should expect?

To put this into perspective for you:

- I'm a final year engineering student ( I'm ignoring all the pain and carrying on with my studies in order to graduate with honors this year)
- I was not able to actually work at my job as an electronic engineer which i just got about one month prior to the accident.
- I will have ongoing pain for a really long time along with on going costs associated with my injury and temporary disability.
- Dont know if the insurance company will cover the costs to the jacket gloves and helmet or my scooter... non of those items were cheap... I don't compromise on safety.
- The WORST of all is that i'm not able to do the things i love which are running and riding my bikes for a LONG time.
Habving all that in mind what should i expect to receive here in NZ? From what I understand the little shit will just get a kiss on the arse from the judge and walk away laughing with a disqualification along with a mini fine. ( yes he was found guilty by the police).

Anyway any input into this matter would be appreciated.

Mate sue the prick you will get millions of dollars cheers acc

[Gremlin]

Very typical for insurance to send you a letter saying you were at fault etc. Refer them to the police report and findings (he was found guilty) and that should stop that part.

You'll need to value your gear, if new enough, put the cost prices down, all the gear that was damaged etc. Tell them you want that much (provide proof of numbers etc). Stick to your guns, they will likely try to offer you less and then it becomes a debate of how far you are prepared to push it.

[SMOKEU]

His insurance company should cover the scooter and gear, but you're unlikely to receive any more than a few hundred $ in compensation from the at fault party. If he doesn't have much money or reasonably valuable assets, then the courts may order him to pay you $5 or $10 a week for the next few years. So much for justice.

[scracha]

Police found him at fault pretty much means he's fucked.

Also, don't accept an early offer. Wait until the long term ramifications of your injuries have been assessed.

[mossy1200]

Police found him at fault pretty much means he's fucked.

Also, don't accept an early offer. Wait until the long term ramifications of your injuries have been assessed.

??? Original post does not mention police report.
There must be one due to a injury which means the police would have to have attended. Whats the report say? You would also have to assume the insurance company has this report. Does this mean if they asked if he accepted liability the report says bike at fault???

[Madness]

Insurance should cover your scroter & gear. ACC should cover your medical expenses and something like 80% of lost income. The end.

The Police more than likely found the other driver at fault, a Court will then likely find him either guilty or not. Reparation is fairly uncommon in motor vehicle accidents so don't hold your breath.

[rastuscat]

Whatever happens to the offender will make zero difference to your injuries.

The justice system will leave you feeling victimized again. Once by the crash, again by the system. If you let it.

Expect nothing, it's what you're going to get.

Sad but true.

[phill-k]

Whatever happens to the offender will make zero difference to your injuries.

The justice system will leave you feeling victimized again. Once by the crash, again by the system. If you let it.

Expect nothing, it's what you're going to get.

Sad but true.

Hay come on we have ACC that takes care of everything.

[haimsadia]

Insurance should cover your scroter & gear. ACC should cover your medical expenses and something like 80% of lost income. The end.

The Police more than likely found the other driver at fault, a Court will then likely find him either guilty or not. Reparation is fairly uncommon in motor vehicle accidents so don't hold your breath.


Yes you are right about the 80% thing HOWEVER !!!!! since i was employed by the company BUT wasn't actually able to attend work for the FIRST day or in other words i was employed by them but didn't actually work for them (do physical work) apparently ACC will not cover this even though i had signed a contract A MONTH prior to the accident.

Thanks for the replies I will read them again and reply to others ...just came back to have a quick look at the thread....

[jrandom]

This thread is for people who were hurt by others and I would like to hear about the outcomes of their court cases as far as compensation goes.

Your medical treatment will be immediate, will be of high quality, and will be fully paid for by ACC (http://www.acc.co.nz/).

ACC will also, while you're unable to work, pay you 80% of what you were earning prior to your injuries.

Check out the website. Plenty of people on this forum will be happy to help if you need assistance claiming ACC cover, I'm sure.

The NZ legislation that set up ACC also abolished, in return, the concept of suing for personal injury. You have no ability in NZ to get compensation directly from the other driver because you got hurt in the crash.

The other driver's insurance will pay to cover the damage to your scooter once they've established that they can't wriggle out of it, although I don't expect that fixing your nifty fifty is the biggest thing on your mind right now.

You'll just have to suck it up, be grateful for the free medical care, and get on with your life as best you can. Sometimes shit happens. Every day you wake up alive is a good day.

Kia kaha.

[Bald Eagle]

Make sure you write a comprehensive Victim Impact Statement, hghlight the pain and suffering loss of enjoyment of recreation, inability to wok plus the actual $$ costs of replacement gear etc.

I got T-boned by a disq driver who hit & run out of side road. Wrote impact statement and in my case inclued the distress caused to wife, picked me up from hospital etc.

Judge awarded compensation to full value of the replacement gear and $700 for pain & suffering.

Mind you it took two years to get it out of his dole at $12.50 a fortnight.

Make sure the prosecution get it.

[FJRider]

??? Original post does not mention police report.
There must be one due to a injury which means the police would have to have attended. Whats the report say? You would also have to assume the insurance company has this report. Does this mean if they asked if he accepted liability the report says bike at fault???

Injury accidents must be reported to Police within 24 hours ... by law. Although they attend most injury accidents involving Ambo's ... this is not always the case. Nor a specific requirement for them to do so.

A Police report should be available to the injured party ... but can only be used as evidence. Not true and binding fact. That is decided in a court of law.

Before compensation can be awarded ... innocence must be found in said court of law. If both parties are found to be partially at fault (not taking due care ...etc) compensation is unlikely ...

And ... if both parties are found at fault (even partially)... his insurance company will certainly not pay out the "other party involved" ...

[Stylo]

Injury accidents must be reported to Police within 24 hours ... by law. Although they attend most injury accidents involving Ambo's ... this is not always the case. Nor a specific requirement for them to do so.

A Police report should be available to the injured party ... but can only be used as evidence. Not true and binding fact. That is decided in a court of law.

Before compensation can be awarded ... innocence must be found in said court of law. If both parties are found to be partially at fault (not taking due care ...etc) compensation is unlikely ...

And ... if both parties are found at fault (even partially)... his insurance company will certainly not pay out the "other party involved" ...

Well said mate ...

[mossy1200]

Injury accidents must be reported to Police within 24 hours ... by law. Although they attend most injury accidents involving Ambo's ... this is not always the case. Nor a specific requirement for them to do so.

A Police report should be available to the injured party ... but can only be used as evidence. Not true and binding fact. That is decided in a court of law.

Before compensation can be awarded ... innocence must be found in said court of law. If both parties are found to be partially at fault (not taking due care ...etc) compensation is unlikely ...

And ... if both parties are found at fault (even partially)... his insurance company will certainly not pay out the "other party involved" ...



Right about then I had received a letter from the little shit's insurance company asking me if i admitted liability to this accident

That part of op seems to indicate other party told his insurance company bike to blame.
Im curious as to if there is police report.
Its hard to judge whats happening with one side of the story and being unconcious doesnt let us know what happened in the time between accident and leg straightening. We have no info on what witness reports etc are.
Idd say with ambo/location and unconcious person police would have been there and getting witness statements.
Accident Queen St Auckland not 7mile road Oamaru.

[Spazman727]

??? Original post does not mention police report.
There must be one due to a injury which means the police would have to have attended. Whats the report say? You would also have to assume the insurance company has this report. Does this mean if they asked if he accepted liability the report says bike at fault???


( yes he was found guilty by the police).

Anyway any input into this matter would be appreciated.

OP does mention a police report Mossy, and does say the other driver was at fault. Surely you should be able to get all property related expenses from the little cunt's insurance. And we do pay the big bucks for ACC to pay for medical costs.

It is really shit that you can lose your livelihood from someone's stupid actions, I feel for you buddy.

[mossy1200]

OP does mention a police report Mossy, and does say the other driver was at fault. Surely you should be able to get all property related expenses from the little cunt's insurance. And we do pay the big bucks for ACC to pay for medical costs.

It is really shit that you can lose your livelihood from someone's stupid actions, I feel for you buddy.

Was that a edit add on or am I over tired tonight?

[St_Gabriel]

BULLSHIT that ACC will sort out the medical, after my accident I had to "top up" the fee at Anglesea Clinic to see the doctor (I belive 30-50 bucks) and then had to "top up" for the radiology (around 80 bucks) thats on top of loss of a weeks wages as I was due to start a new job on the Monday but had to take an additional week off work so technically unemployed, so no sick leave and ACC doesnt payout for the first week off anyhow.

Good luck and list every little cost that is tangible like your helmet/glubs/boots/pants etc etc. Dont let the fuckers depreciate them if you can avoid it.

Finally good luck and I wish you a speedy recovery.

[FJRider]

That part of op seems to indicate other party told his insurance company bike to blame.
Im curious as to if there is police report.
Its hard to judge whats happening with one side of the story and being unconcious doesnt let us know what happened in the time between accident and leg straightening. We have no info on what witness reports etc are.
Idd say with ambo/location and unconcious person police would have been there and getting witness statements.
Accident Queen St Auckland not 7mile road Oamaru.

It would be natural for "the other party" to claim innocence. Especially the guy has a few prior's ... and a teenagers excess would be pretty high (under 25) and if he can get the scooter rider to pay ...so be it ...
I've been in a few prangs where I "lost time" ... but later found, by reports ... I was walking/talking ... but I have no recall of it.

Auckland ... thats somewhere near Taupo ... right ... ???

[mossy1200]

It would be natural for "the other party" to claim innocence. Especially the guy has a few prior's ... and a teenagers excess would be pretty high (under 25) and if he can get the scooter rider to pay ...so be it ...
I've been in a few prangs where I "lost time" ... but later found, by reports ... I was walking/talking ... but I have no recall of it.

Auckland ... thats somewhere near Taupo ... right ... ???


Not sure but Queen street is the donut shop capital of NZ

[gonzo_akl]

It would be natural for "the other party" to claim innocence. Especially the guy has a few prior's ... and a teenagers excess would be pretty high (under 25) and if he can get the scooter rider to pay ...so be it ...
I've been in a few prangs where I "lost time" ... but later found, by reports ... I was walking/talking ... but I have no recall of it.

Auckland ... thats somewhere near Taupo ... right ... ???

Said teenage driver may've only had a licence less than 2 months and was very in-experienced driver, may've made an error of judgement in maikng a turn, may've visited the OP in hospital to express concern. But hey that may've been a cvompletely different accident

[haimsadia]

Mate sue the prick you will get millions of dollars cheers acc
Amen to that but apparently we can't do that here... ><


Very typical for insurance to send you a letter saying you were at fault etc. Refer them to the police report and findings (he was found guilty) and that should stop that part.

You'll need to value your gear, if new enough, put the cost prices down, all the gear that was damaged etc. Tell them you want that much (provide proof of numbers etc). Stick to your guns, they will likely try to offer you less and then it becomes a debate of how far you are prepared to push it.

I have all receipts for my gear so I just need to wait? how Cunty is 'vero' as an insurance company?


??? Original post does not mention police report.
There must be one due to a injury which means the police would have to have attended. Whats the report say? You would also have to assume the insurance company has this report. Does this mean if they asked if he accepted liability the report says bike at fault???
Report states other party is at fault.


Whatever happens to the offender will make zero difference to your injuries.

The justice system will leave you feeling victimized again. Once by the crash, again by the system. If you let it.

Expect nothing, it's what you're going to get.

Sad but true.

That's just so unfair it's just not funny. I get so fucked by this guy and he gets to just walk away I feel so victimized (good choice of word mate).


Your medical treatment will be immediate, will be of high quality, and will be fully paid for by ACC (http://www.acc.co.nz/).

ACC will also, while you're unable to work, pay you 80% of what you were earning prior to your injuries.

Check out the website. Plenty of people on this forum will be happy to help if you need assistance claiming ACC cover, I'm sure.

The NZ legislation that set up ACC also abolished, in return, the concept of suing for personal injury. You have no ability in NZ to get compensation directly from the other driver because you got hurt in the crash.

The other driver's insurance will pay to cover the damage to your scooter once they've established that they can't wriggle out of it, although I don't expect that fixing your nifty fifty is the biggest thing on your mind right now.

You'll just have to suck it up, be grateful for the free medical care, and get on with your life as best you can. Sometimes shit happens. Every day you wake up alive is a good day.

Kia kaha.

Totally agree with you on that one but when a SIXTEEN (16!!!) year old kid fucks my life doesn't his rich parents have to help me out in some sort of way? its just so unfair in this country why do we (the injured and innocent) have to pay for someone else's mistakes ???? Ofcourse i'm grateful for living and still being able to do the things Im able to do now after this awful accident but it still doesn't relieve him from his moral duties as a party at fault to repay or compensate the person that was really disadvantaged by his actions.

[avgas]

I know the feeling mate (I was 3rd year engineering student when it happened to me).

While I would like to say that you will get looked after - you won't. Chances are you will get the cost of your bike, medical bills and 70% of the value of your gear returned to you.

If ACC don't budge on the income thing - simply state that you want the "minimum weekly payout".........they are not at liberty to disclose this, but I think its about $200/week and its paid out if they can get insufficient details of your work place or where you worked.

As for retribution, the best legal option you can hope for is "Dangerous driving causing harm" to appear on his criminal record. Hopefully this will come with a few hundy cash as reparations.

On the illegal side, you should know all his details as per police report.........and I bet he has a xbox and a flat screen. (usually I don't condone this, but I am well and truly sick of the BS in NZ regarding vehicle accidents, if he attacked someone with an axe or a gun it would be more severe punishment).

[jrandom]

Totally agree with you on that one but when a SIXTEEN (16!!!) year old kid fucks my life doesn't his rich parents have to help me out in some sort of way?

Nope.


its just so unfair

Yep.

[Katman]

I was going at full speed through a green light at about 45-50km/h as i got hit by a teenage driver this caused me to become unconscious.

I realise that 45-50km/h is within the speed limit but the way you've worded this sentence makes me wonder whether you had your mind fully on the job at the time.

Just saying like.

[baffa]

I would expect the kid to be charged with careless driving, and potentially lose his license for a few months.
Bad luck OP, I have had a couple of friends taken out by idiot drivers, one had extensive surgery on his ankle and was laid up for some time, so I know how frustrating it can be.

Only last night some stupid fuck with a car full of mates didnt even look at me as I rolled into a roundabout, then only skidded to a halt when I beeped at him, otherwise I might have been sharing a room at the hospo with you.

[Tigadee]

I always look both ways whenever starting off at or going through an intersection, even when it's been green for a while.

But then would it make a difference? I could hit the brakes and still not stop on time, and end up being t-boned anyway...:(

That's tough shit, OP. Hope you get all better and that piece of scum-pig gets his karma...

[Katman]

That's tough shit, OP. Hope you get all better and that piece of scum-pig gets his karma...

Just to throw a bit of balance on the situation.....

This could just as easily be a case of a scooter rider, going "full speed" through an intersection trying to beat a yellow light, coming up against an inexperienced driver finding themselves in the middle of an intersection waiting to turn right and suddenly being confronted themselves by a yellow light.

Perhaps the driver is still in the wrong but it's a little bit much to just assume he's a "piece of scum-pig" based solely on one person's description of the accident.

[Tigadee]

True enough, if that was the case. Sympathy still goes out to the one injured in this instance...

"Scum-pig"... Did ya like that? :laugh:

[Madness]

That's just so unfair it's just not funny. I get so fucked by this guy and he gets to just walk away I feel so victimized (good choice of word mate).

Welcome to New Zealand, by the way.

[phill-k]

Just to throw a bit of balance on the situation.....

This could just as easily be a case of a scooter rider, going "full speed" through an intersection trying to beat a yellow light, coming up against an inexperienced driver finding themselves in the middle of an intersection waiting to turn right and suddenly being confronted themselves by a yellow light.

Perhaps the driver is still in the wrong but it's a little bit much to just assume he's a "piece of scum-pig" based solely on one person's description of the accident.

Often on here Katman you read about this sort of situation and wonder the "other side" of the story.
I have to say whilst legally he may well be in the right, did he contribute to the accident, after all we also read on here experienced riders saying things such as "I've been riding 30 yrs and never had an accident and that can't just be good luck, in your profession I bet the miles travelled verses accident rate are way below the average, better drivers? or better more aware of their environment drivers / riders.

[FJRider]

I realise that 45-50km/h is within the speed limit but the way you've worded this sentence makes me wonder whether you had your mind fully on the job at the time.

Just saying like.

So .... he was riding at a speed near the top end of the posted speed limit, through a set of traffic lights, with a green light, on a busy street, in traffic, and (obviously) had the "right of way", and on a scooter (not known for their stopping/handling ability) ... what could possibly go wrong ... ??? Oh wait ... !!!


In the right ... but on the tarmac ???

[FJRider]

I have to say whilst legally he may well be in the right, did he contribute to the accident, after all we also read on here experienced riders saying things such as "I've been riding 30 yrs and never had an accident and that can't just be good luck, in your profession I bet the miles travelled verses accident rate are way below the average, better drivers? or better more aware of their environment drivers / riders.

Regardless of if "in the right" or not ... having right of way can and will not mean you will always get it. Experienced riders assume every other bastard is out to get you ... the assumption they're not may be your downfall.

To ride a scooter in Auckland traffic and think ... I'm in the right, so I will be right ... is just dam silly. One wrong assumption on the wrong day may kill you.

The large number of miles traveled ... does not assure you safety from all idiots.

[phill-k]

The large number of miles traveled ... does not assure you safety from all idiots.

To give you the greatest chance against the idiots is to identify them before they get you.

What I was getting at was some riders who have years & miles under their belt without accident have more than luck on their side, they ride to survive, believe that nothing is as it seems, understand the risk and are always on guard, yes lightening may strike but in their case they seem to avoid it and thats not luck.

[FJRider]

To give you the greatest chance against the idiots is to identify them before they get you.

Have you not heard ... they're building a better class of idiot.

But the funny thing is ... when those experienced riders do have an off ... he/she usually blames themselves for not looking harder, or seeing it sooner. More blame than the idiot that hit them ... because they were just an idiot.

[Geeen]

Cunty is 'vero' as an insurance company?


When my bike decided to take a nap they got onto things pretty quickly, biggest hassle was waiting for parts from the UK

[mossy1200]

I only fall off when I ride beyond my skill level. If I get hit by lightning while riding I will blame God. Then my insurance wont cover it either and I can say I have been hard done by.

With life comes risks. Manage the risks as best you can and the rest is either your fault or bad luck.

[avgas]

To give you the greatest chance against the idiots is to identify them before they get you.

What I was getting at was some riders who have years & miles under their belt without accident have more than luck on their side, they ride to survive, believe that nothing is as it seems, understand the risk and are always on guard, yes lightening may strike but in their case they seem to avoid it and thats not luck.
Not entirely true. I have been with riders who have never crashed and following them reminded me there must be angels looking after some folk.
While you can't plan for luck (good or bad), you can't discount that sometimes shitty things happen to good people.
Unless you think Max and Rastus were living on the dangerous side?

[Old Steve]

Insurance should cover your scroter & gear. ACC should cover your medical expenses and something like 80% of lost income. The end.

The Police more than likely found the other driver at fault, a Court will then likely find him either guilty or not. Reparation is fairly uncommon in motor vehicle accidents so don't hold your breath.

I think you can sue if you can prove negligence - and going through a red light seems negligent enough for me. Talk to a lawyer if you can sue the little prick.

[Katman]

I think you can sue if you can prove negligence - and going through a red light seems negligent enough for me. Talk to a lawyer if you can sue the little prick.

Do you actually read threads before you post in them?

[SMOKEU]

I think you can sue if you can prove negligence - and going through a red light seems negligent enough for me. Talk to a lawyer if you can sue the little prick.

Unfortunately under NZ law that's not possible. The offender could be taken to the disputes tribunal if the insurance company doesn't pay out for whatever reason, but that would only be for the scooter and riding gear, not for loss of wages or personal injury.

[FJRider]

Unfortunately under NZ law that's not possible. The offender could be taken to the disputes tribunal if the insurance company doesn't pay out for whatever reason, but that would only be for the scooter and riding gear, not for loss of wages or personal injury.

You can sue for damages ... not injury.

Private court action can be taken against him ... but even if you win, HE has no money ... so really you'll be no further ahead. With your lawyers bill that you will most likely end up paying ... even if you win.

If private court action is taken ... he cant get jail time as punishment. (only costs/reperation) As the action is about your rights ... not broken laws.

[Old Steve]

Do you actually read threads before you post in them?

Can't quite see your point there Katman.

I think that, despite ACC, you can actually sue for injury if you can prove negligence. I would suggest that haimsadia talk to a lawyer and see if that is the case here. If the other driver is convicted of an offence then proving negligence is probably easier - you could even use his testimony against him or if he changes his testimony then he's up for perjury. If he has said "I didn't see him" then surely that would be in your favour, as would going through a red light.

I don't know if you can sue for injury or only for damages, and what the criteria is to be able to sue. That's why he should talk to a lawyer and get their advice on whether he can sue and if it'd be worth it.

[Katman]

Can't quite see your point there Katman.



Where does it say that the driver went through a red light?

[FJRider]

Can't quite see your point there Katman.

I think that, despite ACC, you can actually sue for injury if you can prove negligence. I would suggest that haimsadia talk to a lawyer and see if that is the case here. If the other driver is convicted of an offence then proving negligence is probably easier - you could even use his testimony against him or if he changes his testimony then he's up for perjury. If he has said "I didn't see him" then surely that would be in your favour, as would going through a red light.

I don't know if you can sue for injury or only for damages, and what the criteria is to be able to sue. That's why he should talk to a lawyer and get their advice on whether he can sue and if it'd be worth it.

Two or three years to get to court ... lawyers fee's with no certainty of getting costs awarded ... with the low-life probably having no money to pay anyway. It's cheaper to pay a few dudes to break both his arms ... and maybe both his legs too ... the little prick may remember then .... next time ...

[Madness]

I think that, despite ACC, you can actually sue for injury


I don't know if you can sue for injury or only for damages, and what the criteria is to be able to sue.

Can't quite see your point there Old Steve. You seem a little confused, maybe someone dazzled you with their headlights on full beam before you posted those two statements?


That's why he should talk to a lawyer and get their advice on whether he can sue and if it'd be worth it.

I got the impression from the OP that the loss of earnings as a result of this accident has put him in an awkward financial position. Engaging a lawyer even just to discuss the viability of a civil suit as a result of a motor vehicle accident isn't likely to change that financial position any time soon in this country, in my unqualified opinion.

[avgas]

I think that, despite ACC, you can actually sue for injury if you can prove negligence
If only life were that simple here. Unfortunately from recall this is no counted under "Professional Negligence" or "OSH Negligence"
Motor vehicle negligence = dangerous driving. Which has its own set of charges.

I think the only exception to this was the case where a young girl got in her car, and intentionally drove into a party of people (about 6 years ago). She got done under something else as she technically was using the vehicle for a weapon.

[Old Steve]

The accident occurred on the 16th of june on upper queen st. I was going at full speed through a green light at about 45-50km/h as i got hit by a teenage driver ....

You're completely right Katman, I assumed since haimsadia was going through a green light then the other driver must have gone through a red. However the other driver could have been in another lane going the same way and changed lane without looking or been coming the other way and turned across haimsadia and hit him. My mistake for making an assumption, but I would think negligence would apply in both cases.

Thanks for that clarification Chaotic Fractal. I wasn't sure of the aplicability of negligence which is why I suggested that he contact a lawyer - and maybe he could have contacted a lawyer who would do the case on a percentage of settlement basis so it didn't cost him at all.

[haimsadia]

Can't quite see your point there Katman.

I think that, despite ACC, you can actually sue for injury if you can prove negligence. I would suggest that haimsadia talk to a lawyer and see if that is the case here. If the other driver is convicted of an offence then proving negligence is probably easier - you could even use his testimony against him or if he changes his testimony then he's up for perjury. If he has said "I didn't see him" then surely that would be in your favour, as would going through a red light.

I don't know if you can sue for injury or only for damages, and what the criteria is to be able to sue. That's why he should talk to a lawyer and get their advice on whether he can sue and if it'd be worth it.


You're completely right Katman, I assumed since haimsadia was going through a green light then the other driver must have gone through a red. However the other driver could have been in another lane going the same way and changed lane without looking or been coming the other way and turned across haimsadia and hit him. My mistake for making an assumption, but I would think negligence would apply in both cases.

Thanks for that clarification Chaotic Fractal. I wasn't sure of the aplicability of negligence which is why I suggested that he contact a lawyer - and maybe he could have contacted a lawyer who would do the case on a percentage of settlement basis so it didn't cost him at all.

Thank you for that, it is a good idea I think that I will make further enquiries with regards to that. A court date hasnt been posted yet so I'm guessing that I'll be waiting a whole lot longer now.

[FJRider]

I wasn't sure of the aplicability of negligence which is why I suggested that he contact a lawyer - and maybe he could have contacted a lawyer who would do the case on a percentage of settlement basis so it didn't cost him at all.


It is important to be aware that you cannot sue for personal injury – ACC replaces (removed) that right.

ACC is a "No fault" insurance .... so negligence doesn't factor into it.