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.