Getting paid "emotional reparation" from an accident

**Boob Johnson** · 28th July 2007, 03:22

As some of you may have read last month I was the victim of a senseless accident where an 18 yr old girl pulled out in front of me when I was almost on top of it leaving half a nano second to react.

Long story short for those that never read the thread I ended up in hospital going under the knife to have 9 pins and a plate screwed to my hip for life.

Anyway today I got a letter from the courts in the post saying she appeared in court & got nailed for careless driving causing injury which cost her $750 + $130 court costs & a further $1000 to be paid to me for "emotional damage".

Ive never been to hospital before and had nothing to do with any of this prior so wasn't sure if I was going to get a red penny so when I opened the letter initially it was like a small pools win lol. Then I took another look at the xray pics on my cell phone and thought aboutl having all that steal with me for life and wont have full use as I did prior + the possibility of complications in the future ie: arthritis.

My question is: Has anyone here had a similar situation? What did you get paid?

I kinda feel like $1000 for the damage done is kinda cheap.

Am I being a bit too Jewish?

**RT527** · 28th July 2007, 06:19

Nah mate thats a pathetic amount its kinda like putting a price on someone, and it wont teach her a thing about responsability. but seriously think about talking to someone regarding how your feeling.

doesnt have to be a proffessional, maybe someone on here has been through what you have and could assist you.

Hope things like arthritis etc dont occur , but consider that if it does make sure the doctors know about it as you will more than likely get acc to assist you with it, in regards to being caused by an accident.

Good luck with everthing and i hope you heal up well enough not to be restricted in anything you do.

**insane1** · 28th July 2007, 07:38

if it comes to it you can always get one of those maxi scoots an650exec .

**Grahameeboy** · 28th July 2007, 07:56

In the UK you would be looking at around GBP25,OOO.......I have been here 9 years so not uptodate but reckon that is about right.

**geoffm** · 28th July 2007, 09:13

Welcome, to the downside of ACC - basically tough luck and be thankful you get anything at all. She got off pretty lightly for putting someone ins hospital in a serious way. Should have been fined a LOT more. Still, at least she wasn't speeding, otherwise she would have been a menace to society and could have hurt someone and lost her license...
G

**smoky** · 28th July 2007, 09:37

Originally Posted by Boob Johnson

$1000 to be paid to me for "emotional damage".
I kinda feel like $1000 for the damage done is kinda cheap.

I often wonder; we know full well what the risk is with riding a bike on the road, so then why do we expect anything when it all goes wrong?

But in all honesty – $1000 is nothing, pathetic, I would feel very insulted, send it back and tell them to shove up their…..(where the sun don’t shine).
May of well not even of bothered, wont deter any one or help with restitution, so what the hell is it for.

In contrast, while being a silly bugger – I was playing around with the set up on my dirt bike years ago, made an adjustment, quick blast 100m down the track and back, – wearing shorts tee shirt and jandels. Long story short I stubbed my big toe.

Working in the mines I wore gumboots everyday, normal teenage guy not taking enough care for his wounds, it got infected, then gangrene, then a quick operation to take the bone out of the end of my big toe. A bit sore for a while but no lasting problems.
All my own stupid fault, but I got $1700 in the post from ACC – didn’t apply for it, it was for disabilities. Remember it was 24 years ago, so that equates to about $20,000 in today’s money, based on what I could buy then for $1700.

**Mekk** · 28th July 2007, 13:47

Originally Posted by smoky

I often wonder; we know full well what the risk is with riding a bike on the road, so then why do we expect anything when it all goes wrong?

I agree entirely with that. Part of the risk of riding is this.

I don't understand why you want more money for emotional damage when you didn't think you were going to get anything as it were (small pools win). I would be more concerned about having the girl learn her lesson which I don't think you can put a price on really. I'm sure she felt guilty enough as it is.

Originally Posted by smoky

But in all honesty – $1000 is nothing, pathetic, I would feel very insulted, send it back and tell them to shove up their…..(where the sun don’t shine).
May of well not even of bothered, wont deter any one or help with restitution, so what the hell is it for.

I don't know if sending it back would do anything for the ACC. Companies don't feel sympathy (unless Helen steps in), only individuals do. I'd take whatever I got from it.

But that's just my 2 point interest rate raise.

**Boob Johnson** · 28th July 2007, 13:55

Originally Posted by smoky

I often wonder; we know full well what the risk is with riding a bike on the road, so then why do we expect anything when it all goes wrong?

Um? Just to clarify im guessing you didn't read my original "binned it" thread? I was on the open road (100Km/h zone) doing well under the posted limit, the experts estimated between 70 & 80Km/h to be my speed. The 18yr old (who was licenced for 6 months) pulled out of a side road at the very last moment leaving me half a nano second to react, obviously I had no time, T boned her, smashed my left leg into the socket in my pelvis shattering it into many fractures & pieces, bent the handle bars vertical then flew 20 feet coming to rest on the road.

Im fully aware of the risks but im obviously not to blame in this accident in any shape or form....did I mention I even had my front head light on? (accident was at 5:10pm so it was still very light).

I just think $1000 is a joke. I wonder if I can appeal it?

**Boob Johnson** · 28th July 2007, 14:00

Oh forgot to mention the $1000 was from her not from ACC!

ACC have already screwed me over with a pathetic amount per week compared to what I was earning.

I didn't go to court to see the proceedings & I didn't request any money for emotional harm. I didn't request a red cent, it was all the courts doing, I had no idea how the system worked. The judge obviously had some form of report on my injuries as she was done for careless use of a motor vehicle causing injury so the judge took it upon himself to see that she pay me a small token for my suffering, & suffer I bloody did!!! Im still suffering & will do for some time to come. I may even not get a job im going for because of this injury which is my dream job & bloody hard to get with a small window of opportunity that doesn't come round often.

**Mekk** · 28th July 2007, 14:05

I feel for ya mate, you got royally fucked with the accident, there's no denying that.

I'm just questioning because you initially didn't think you were gonna get a "red penny". I'm confused because it seems to only be an issue when you realised that you were going to get something...but that's not enough? I thought you were comparing it to getting nothing, in which case I'd have thought it would be plenty!

**rideNroot** · 28th July 2007, 14:16

Sounds about right. With the ACC system in NZ, I'm surprised you got anything. Maybe if you asked for some compensation you would have received more? I dunno, consider yourself lucky for getting anything.

**MVnut** · 28th July 2007, 14:29

Sorry mate, I think you were lucky to be awarded anything direct from her.

**FROSTY:Me** · 28th July 2007, 14:48

AHH but now you can deal with her in the civil courts. At least you can get the money for damages to your bike.

**Boob Johnson** · 28th July 2007, 15:41

Originally Posted by FROSTY

AHH but now you can deal with her in the civil courts. At least you can get the money for damages to your bike.

I can? Yeah I got paid out from her insurance but are you suggesting I can attempt some sort of civil action?

Originally Posted by Mekk

I feel for ya mate, you got royally fucked with the accident, there's no denying that.

I'm just questioning because you initially didn't think you were gonna get a "red penny". I'm confused because it seems to only be an issue when you realised that you were going to get something...but that's not enough? I thought you were comparing it to getting nothing, in which case I'd have thought it would be plenty!

The reason I wasn't sure what I would get is because I had no idea how the system worked. Not much point jumping up and down about getting nothing when no one gets anything in this situation. My point is that the courts recognise that pain and suffering needs to have a dollar value put to it, particularly from the person who caused it, all im saying is considering the damage done & the fact ill have this to deal with for LIFE! A $1000 seems a little on the light side. Don't get me wrong, im grateful to get something it just doesn't quite add up I reckon.

**rideNroot** · 28th July 2007, 15:55

You should also consider the treatment you received. Ever thought about how much it cost? Considering the lengthy surgery, flying doctors up, etc etc, you'll find it runs into the hundred of thousands of dollars, which was payed by ACC.