Question for Bykey Cop and the justice system

[juzzer]

Hey Bykey Cop….

Is this how the justice system in New Zealand normally runs?

The scene: July 2002 Anzac Ave Auckland 8.30am
Me: TL1000
Dickhead: Honda Integra

The events: Off at the end of the North Western on a mint morning with not a care in the world…Turn right onto Anzac Ave, putting down the road with no other vehicles on my side of the road with the traffic heading up Anzac at a stand still. All of a sudden dickhead pulls across the road in front of me and I get out the “O sh..” and then I’m playing “Superman” over his bonnet….into a super soft motorcycle approved concrete arrester (read lamppost).

The outcome: Laying at the foot of the lamppost with a hunk of tread plate steel sticking in me guts (fell off the back of a truck parked by said lamppost) with my right arm wrapped around the back of me head at an impossible angle thinking WTF…Then things started to hurt..
SpeedMedics mates turn up after about 10mins and walked up and I remember them saying in the background.. wrists are gone, femur is gone etc etc…

Hospital: wait in emergency department for 12 hours being poked prodded and shot full of drugs, puking on the floor from said drugs feeling bloody miserable…9 hours of surgery to stick plates and screws in both wrists, rod and screws to stick femur back together, lots of stitches etc etc…Day later end up in DCC for a few days after blood clots got into the lungs…2 months later I’m outta there…Rehab starts…

Court: dickhead keeps pleading not guilty and getting the case put off…Finally after about a year and 3rd time in court his lawyer asks if they plead guilty what would the likely sentence be…So guess what..he pleads guilty and gets 6months loss of license and has to pay me $1500 (and I finally get my insurance back) – his final excuse was he was not a good driver and probably shouldn’t have done what he did – NO SHIT..

Outcome: Being self employed not covered by ACC so no income – can’t wipe own arse for 8 weeks..cant work for about 9 months, in pain for about a year and have lots of metal in me body….O and one trashed TL…

So are the justice and ACC laws fair – not by my book.

Rant/poor me finished :slap:

PS: yes my nuts hurt for a looonnnnnnnnngggggg time after....

[Sniper]

Fuck me, what an arsehole. You have his plate number.

[juzzer]

Fuck me, what an arsehole. You have his plate number.

I wish i did...

[T.I.E]

i do feel for you. big time.
and also happy it is not me.
the justice does let people down all the time. and leaves people with emotional and physical scars whilst constantly the people whom have done stupid acts get off.
unfortunately there is too much grey in accidents with the ammount of damage done, and the law is meant to be black and white.
the system is there to punish the person whom has done it and feels like bugger all is out there for the victim.
i do hope you are getting support from government depts for the problems that have occured.

[ManDownUnder]

So if you're not covered by ACC - couldn't you sue him for lost wages etc?

Genuine question - I really don't know... but there must be other avenues to recoup your monetary losses

Good luck - the whole thing stinks
MDU

[bugjuice]

that's 'kin terrible..
how's the injuries now? Hope the fuk gets what's coming to him..

[juzzer]

i do hope you are getting support from government depts for the problems that have occured.

Ummmm...nothing - thats what sux's big time - being self employed you get shafted even tho you pay ACC leves...As another example the day i got out of rehab it cost me $120 in pills from the chemist...then $60 a week for physio..etc etc

[spudchucka]

I'm guessing he was charged with Careless causing injury.


8.Contravention of section 8 causing injury or death—




(1)A person commits an offence if the person operates a vehicle on a road carelessly or without reasonable consideration for other persons using the road, and by that act or omission causes an injury to or the death of another person.


[(1A)A person commits an offence if—


(a)the person drives a motor vehicle, or causes a motor vehicle to be driven, carelessly; and


(b)by that act or omission, causes an injury to or the death of another person.]


(2)If a person is convicted of an offence against subsection (1) [or subsection (1A)],—


(a)The maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and


(b)The court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.


(3)The imposition of a mandatory disqualification under this section is subject to section 81.

The penalties for dangerous or reckless causing injury are somewhat higher.



36.Contravention of section 7 or section 22 involving injury or death—




[(1)A person commits an indictable offence if the person—


(a)drives or causes to be driven a motor vehicle recklessly and by that act or omission causes an injury to or the death of another person; or


(b)drives or causes a motor vehicle to be driven at a speed or in a manner which, having regard to all the circumstances, is or might be dangerous to the public or to a person and by that act or omission causes an injury to or death of another person; or


(c)without reasonable excuse, contravenes section 22 by failing to stop and ascertain whether any person has been injured, and render assistance, after an accident where a person has been injured or killed.]


(2)If a person is convicted of an offence against subsection (1),—


(a)The maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and


(b)The court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.


(3)The imposition of a mandatory disqualification under this section is subject to section 81.

And no it is not uncommon for idiots to drag out the court process for no other reason than they think that the cops will lose interest and drop the charges. Hell, there's even some brainless dickheads on this forum that think its a great idea.

[Sniper]

That sucks, surely they should do something, or he should????

[juzzer]

So if you're not covered by ACC - couldn't you sue him for lost wages etc?

Genuine question - I really don't know... but there must be other avenues to recoup your monetary losses

Good luck - the whole thing stinks
MDU

Since he paid $1500 from the court case then no joy....

[geoffm]

Ouch- that dent in the tank HAD to hurt. No wonder you couldn't walk, even without the other stuff...

I reckon if you want to kill someone in NZ, the "best" way is a motor vehicle "accident". Even if you are an unlicensed, uninsured, pissed student with no idea of NZ road rules and manage to kill a little kid, you only get a couple of years (out in 1).

Geoff

[juzzer]

that's 'kin terrible..
how's the injuries now? Hope the fuk gets what's coming to him..

We'll 3 years down the track it still hurts now and then..i can tell the weather changes from the aches and pains - so i suppose i got something out of it :eek:

[juzzer]

Ouch- that dent in the tank HAD to hurt. No wonder you couldn't walk, even without the other stuff...

I reckon if you want to kill someone in NZ, the "best" way is a motor vehicle "accident". Even if you are an unlicensed, uninsured, pissed student with no idea of NZ road rules and manage to kill a little kid, you only get a couple of years (out in 1).

Geoff

If your unlucky...probably PD and a chance the smoke some P with the other dickheads...

[Pwalo]

That's a real bummer mate. I've heard about the ACC problem for contract workers, and I was really glad that I was a permanent employee when I had my accident. (I was lucky compared to you, only broken hands and written off bike). That's a really mashed TL.

I'm not too sure if there's anything you can other than bring a civil case against the twat who caused the accident.

I guess it's not a good time to ask if you had any loss of earnings insurance??

Good luck. Hope that someone on the Forum can give you a good steer on this.

[juzzer]

I guess it's not a good time to ask if you had any loss of earnings insurance??

Good luck. Hope that someone on the Forum can give you a good steer on this.

Negative 10/4 - was contrating to a company for about 5months - i was due to sign a Paye contract 2 days after the accident which would have given me ACC...So basically it cost me a years income

[Lou Girardin]

Ummmm...nothing - thats what sux's big time - being self employed you get shafted even tho you pay ACC leves...As another example the day i got out of rehab it cost me $120 in pills from the chemist...then $60 a week for physio..etc etc

Isn't that a fact. ACC obviously thinks that all self-employed people are 'rich'.
At least National would have removed their monopoly.

[Devil]

Ouch :crybaby:

[Lou Girardin]

And no it is not uncommon for idiots to drag out the court process for no other reason than they think that the cops will lose interest and drop the charges. Hell, there's even some brainless dickheads on this forum that think its a great idea.

And the cops never seek adjourments.
What the hell, let's just do away with courts. We'll have trial by cop.
It worked for the Geheimstats Polizei.

[SuperDave]

Man that fucken sucks. Seems like the justice system in NZ is really falling short based on recent things I've heard. Though comparing to SA the justice system is top notch here - for example, in South Africa it's easier to kill the person you rob as that ensures there's less chance of being court, now how fucked up is that?

I'm curious, how old was the fucker?

[Da Bird]

To be honest, from my experience, you probably did quite well getting $1500.00 out of it. I have seen people injured who have had no monetary compensation directed towards them at all, despite having medical bills in the hundreds of dollars, time off work etc etc. One woman I know who was injured even had her house burgled by the home care lady that ACC paid for !

That's not to say that it doesn't suck, coz it does, but that NZ for you.

BC.

[juzzer]

[QUOTE=SuperDaveI'm curious, how old was the fucker?[/QUOTE]

21 and dumb

[WRT]

Juzzer - not much any I can say here that hasnt been said before, but my god what a mess . . .

You poor bastard . . .

[juzzer]

One woman I know who was injured even had her house burgled by the home care lady that ACC paid for !

That's not to say that it doesn't suck, coz it does, but that NZ for you.

BC.

Now that's just wrong....

The whole event cost me about $100k all up personally..Probably about the same or more for the tax payers..So shit all round

[juzzer]

Juzzer - not much any I can say here that hasnt been said before, but my god what a mess . . .

You poor bastard . . .

Cracking a woody in rehab about 8 weeks after the event..OMG did that hurt :mellow:

[spudchucka]

And the cops never seek adjourments.
What the hell, let's just do away with courts. We'll have trial by cop.
It worked for the Geheimstats Polizei.
In the context of the original post it was suggested that the guilty party had unneccesarily dragged out the process only to plead guilty in the end. Police do seek adjournments but not for these reasons.

And where the hell did you find the inspiration to blurt out the rest of that bullshit?

[pritch]

Many moons ago (pre ACC) my brother was t boned by a car. The police didn't attend and because the driver consequently hadn't been found guilty of anything my brother was advised that it wasn't worth persuing in the courts.

When ACC was introduced we generally lost the right to sue but there may be exceptions. You really should seek professional advice if you haven't already. Be a shame to find out later that you could possibly have recovered some of what you lost.

Best wishes for the ongoing recovery...

[cowpoos]

If your selfemployed you are covered by acc...you have no chioce in the matter!!! who said your not? or do you pay no taxes or acc bills?

[juzzer]

Many moons ago (pre ACC) my brother was t boned by a car. The police didn't attend and because the driver consequently hadn't been found guilty of anything my brother was advised that it wasn't worth persuing in the courts.

When ACC was introduced we generally lost the right to sue but there may be exceptions. You really should seek professional advice if you haven't already. Be a shame to find out later that you could possibly have recovered some of what you lost.

Best wishes for the ongoing recovery...

Cheers pritch...after 2 years of dealing with ACC i have given it up as a bad joke....

[juzzer]

If your selfemployed you are covered by acc...you have no chioce in the matter!!! who said your not? or do you pay no taxes or acc bills?

It is based on the previous years income..accountants being accounts make you break even or make a loss...so you get the mimium - witch is 2/5ths of fuck all...and yes i do pay my taxes....

[Fryin Finn]

Do you pay ACC premiums as worked out by your tax returns - if so there is no way you cannot be covered by ACC. Go see one of them agents

[Patrick]

In the context of the original post it was suggested that the guilty party had unneccesarily dragged out the process only to plead guilty in the end. Police do seek adjournments but not for these reasons.

And where the hell did you find the inspiration to blurt out the rest of that bullshit?

Good call... what a dorky call he made :tugger: Obviously doesn't realise what a Police State is, coz if he thinks he is living in one here, he's obviously a paranoid P head...

[Patrick]

Just to clarify... dorky call from LG...

[juzzer]

Do you pay ACC premiums as worked out by your tax returns - if so there is no way you cannot be covered by ACC. Go see one of them agents

Been there don that....As i was techincally a contractor at the time of the accident they base it on the previous years income from the business..For me that year was mainly a payee position plus 9k from my business..So ACC in their wisdom will only pay 80% of the 9k - Gay to say the least....

[Marmoot]

Hey m8,

I know how you feel....but I am trying to focus on the brighter side of life. They say, if you don't feel anger, you'd be the happiest man in the world.

So, here's my 2c:

if there had not been the bastard, you wouldn't have got the SP1 and wouldn't have seen the true enlightenment.
:sunny: :headbang: :devil2: :whistle: :done:

[Lou Girardin]

There was publicity recently about a shearer who, because he hadn't worked in the previous three months, was assessed as being inelligible for ACC.
His yearly income was substantial. But, rules is rules and he gets nothing.
ACC? More like A Clever Con.

[juzzer]

Hey m8,

I know how you feel....but I am trying to focus on the brighter side of life. They say, if you don't feel anger, you'd be the happiest man in the world.

So, here's my 2c:

if there had not been the bastard, you wouldn't have got the SP1 and wouldn't have seen the true enlightenment.
:sunny: :headbang: :devil2: :whistle: :done:

lol - classic :not:

[vifferman]

Been there don that....As i was techincally a contractor at the time of the accident they base it on the previous years income from the business..For me that year was mainly a payee position plus 9k from my business..So ACC in their wisdom will only pay 80% of the 9k - Gay to say the least....
Yeah, they're good, are ACC.

When I stopped being self-employed, they chased me up for the next two years for ACC payments "to cover a short-fall in income due to underassessment of self-employed premiums." So even though I was no longer self-employed, I had to help them fix up their accounting cock-up for the next two years. :argh:
Then I had to get my accountant on to them (three times) to get them to acknowledge I'd been a salaried person for two years so they could stop billing me as self-employed.

[juzzer]

Yeah, they're good, are ACC.

When I stopped being self-employed, they chased me up for the next two years for ACC payments "to cover a short-fall in income due to underassessment of self-employed premiums." So even though I was no longer self-employed, I had to help them fix up their accounting cock-up for the next two years. :argh:
Then I had to get my accountant on to them (three times) to get them to acknowledge I'd been a salaried person for two years so they could stop billing me as self-employed.

Sounds o so familiar - so you pay them for their cockup and i bet they didn't pay your accountant's bill to sort it out... :tugger:

[DogBreath]

It is based on the previous years income..accountants being accounts make you break even or make a loss...so you get the mimium - witch is 2/5ths of fuck all...and yes i do pay my taxes....

Yep, been there, luckily just b4 they stopped lump sums, got the 10k "pain and suffering" for 85% burns.
Clever accountant had disbursed 60% of my contract income (65k normally) to my wife and my "partnership", which was (and still is) making a doozy of a loss " to reduce tax.
And as we know 80% of fukall is fukall, so I basically screwed myself on that one.
I still think you should have a case for a personal claim for income loss against the pratt, given that he fessed up and pleaded guilty to reckless use.
I would try one of those personal grievence lawyers that promote no win, no fee.
Good luck.

[juzzer]

Yep, been there, luckily just b4 they stopped lump sums, got the 10k "pain and suffering" for 85% burns.
Clever accountant had disbursed 60% of my contract income (65k normally) to my wife and my "partnership", which was (and still is) making a doozy of a loss " to reduce tax.
And as we know 80% of fukall is fukall, so I basically screwed myself on that one.
I still think you should have a case for a personal claim for income loss against the pratt, given that he fessed up and pleaded guilty to reckless use.
I would try one of those personal grievence lawyers that promote no win, no fee.
Good luck.

Cheers fella, sux don't it..10k for 85% burns is feck all

[DogBreath]

Cheers fella, sux don't it..10k for 85% burns is feck all
Yeah, not only that I had 6mths off work, 6 mths part time, and then couldn't go back to my trade 'cause I wasn't fit enuf. Ended up driving a desk.
That was 12 years ago, all better now.
Nearly over it.
Shame about the metal inserts you got, they never go away do they.
Try find a shyster, not much to loose I rekon.

[spudchucka]

he's obviously a paranoid P head...
No, just a whingy ex TO with a chip on his shoulder.

[britneys underpants]

As a quick referance have a look on the ACC web site if you have paid levies and tax your covered

[Marmoot]

LOL......somebody with a nickname 'britneys_underpants"

better than spongebob squarepants, I suppose.... :sunny:

[Patrick]

No, just a whingy ex TO with a chip on his shoulder.


Explains a bit...cheers...

[Lou Girardin]

Explains a bit...cheers...

Get a room guys.

[yungatart]

Regarding ACC, we pay double.. Our ACC levies and then we choose to purchase loss of income insurance on top, knowing full well that Acc won't give us diddley squat, if ever we need it. Don't like it, but it makes sense

[Patrick]

Get a room guys.


You shouting??? Chuck some chicks in there too... Seperate rooms for the other fella though thanks...