Sooooo I've been in an accident

[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.