Page 2 of 4 FirstFirst 1234 LastLast
Results 16 to 30 of 47

Thread: Getting paid "emotional reparation" from an accident

  1. #16
    Join Date
    28th September 2004 - 12:00
    Bike
    XR600
    Location
    California
    Posts
    1,163

    i know....

    i know this guy who is actually doing very well fromm ACC, god bless him.
    and he is enjoying life as i know it.

    but wow cool ya get 1000 bucks nice. so can i ask what was it like flying for 20ft?
    and do ya set off metal detectors now?
    Lost in USA

  2. #17
    Join Date
    16th November 2005 - 07:48
    Bike
    I just lost count
    Location
    The District of Waipa
    Posts
    3,607
    Quick question,

    Did you file a victim impact statement to be read at her court hearing? In my past experiences (from both sides of the court room fence) this is the main way that any judge makes his or her desicion on how much compensation will be paid as part of the defendents sentance.

    My old man got off his acident light (he was in the wrong) due to the victim impact statement being very positive and wasent even charged court costs as part of his sentance.

    On the other hand ive had experiences where the victim impact statement hi very harsh and the pay out increases as the judge sees fit.

    As for ACC they are Assholes with a capital A, however I never want to see the system changed to much or go to somthing simular to the USA or Australia where the only winners are the Lawyers and Insurance Companies.

    For the record Qkkid was in my bed, not the other way round

    Quote Originally Posted by Yow Ling View Post
    Pumba is a wise man.

  3. #18
    Join Date
    13th February 2007 - 16:19
    Bike
    BMW K1200S
    Location
    Auckland - New Lynn
    Posts
    2,059
    Quote Originally Posted by T.I.E View Post
    i know this guy who is actually doing very well fromm ACC, god bless him.
    and he is enjoying life as i know it.

    but wow cool ya get 1000 bucks nice. so can i ask what was it like flying for 20ft?
    and do ya set off metal detectors now?
    lol I have no idea what it's like to fly 20 feet as I was out to it. My body shut down 99% of my senses due to massive amounts of pain.


    Im happy for your mate enjoying being on ACC, how bout you get him to send me the windfall portion to me to make up for the crap ass amount im getting.

    I normal do plenty of overtime, its a normal part of my pay check but in the month leading up to the accident there was no overtime to be had & I had close to a full week off due to a nasty flu, so ACC took that shithaus month's pay, sliced 20% off it then taxed that 80% by a further 19.5% and im left spending the $1000 for pain in suffering to cover my living costs while I hang about the haus feeling sorry for myself.

    It aint all that bad really, I refuse to be bitter and will always look for the positives, im just a lil pissed at being told my fucked up hip (for life) is worth $1000 so am having a lil cry about it, I will forget about it by tomorrow and get back to my happy self


    ps: yes I will set off metal detectors at airports lol. They say I can get a wallet sized card to carry so I don't have to strip each time and get the rubber glove lol..........thank the LORD for that
    To laugh often and much; to win the respect of intelligent people and the affection of children; to earn the appreciation of honest critics and to endure the betrayal of false friends. To appreciate beauty; to find the best in others; to leave the world a bit better whether by a healthy child, a garden patch, or a redeemed social condition; to know that even one life has breathed easier because you have lived. This is to have succeeded

  4. #19
    Join Date
    13th February 2007 - 16:19
    Bike
    BMW K1200S
    Location
    Auckland - New Lynn
    Posts
    2,059
    Quote Originally Posted by Pumba View Post
    Quick question,

    Did you file a victim impact statement to be read at her court hearing? In my past experiences (from both sides of the court room fence) this is the main way that any judge makes his or her desicion on how much compensation will be paid as part of the defendents sentance.

    My old man got off his acident light (he was in the wrong) due to the victim impact statement being very positive and wasent even charged court costs as part of his sentance.

    On the other hand ive had experiences where the victim impact statement hi very harsh and the pay out increases as the judge sees fit.

    As for ACC they are Assholes with a capital A, however I never want to see the system changed to much or go to somthing simular to the USA or Australia where the only winners are the Lawyers and Insurance Companies.
    Woops sorry Pumba na I didn't do any of that, as mentioned im a newbie at all this stuff. No one indicated I should do anything like that at all.

    To be honest I would rather a lump sum pay out of $25,000 like was mentioned a few posts up than $300 from ACC per week while im unable to return to work & a token $1000 from the girl. Wouldn't you?
    To laugh often and much; to win the respect of intelligent people and the affection of children; to earn the appreciation of honest critics and to endure the betrayal of false friends. To appreciate beauty; to find the best in others; to leave the world a bit better whether by a healthy child, a garden patch, or a redeemed social condition; to know that even one life has breathed easier because you have lived. This is to have succeeded

  5. #20
    Join Date
    16th November 2005 - 07:48
    Bike
    I just lost count
    Location
    The District of Waipa
    Posts
    3,607
    Quote Originally Posted by Boob Johnson View Post
    Woops sorry Pumba na I didn't do any of that, as mentioned im a newbie at all this stuff. No one indicated I should do anything like that at all.

    To be honest I would rather a lump sum pay out of $25,000 like was mentioned a few posts up than $300 from ACC per week while im unable to return to work & a token $1000 from the girl. Wouldn't you?
    Dont qoute me but im pretty sure it genneraly goes like this, anybody that is a victim in any crime (traffic accident to murder) has a right to submit one as evidence at the hearing, but its hard if nobady tells you, you can. Any way the time to do that is well gone so it doesnt really matter.

    Yea I would much rather a decent lump sum payment, and in your particular situation this may have been better FOR YOU.

    But think how open for abuse such a system would be, we have enough issues in this country with people ripping off the existing welfare system that most of us as tax payers work hard to have in place, dont get me wrong I think we need such a system for the resons stated in my post above about lawyers and insurance companys. Another way to look at it is think of the huge number of peolple in socity that seem to be inability to manage money at the best of times, they would think all there xmas's had come at once on reciving a lump some paymnet, I grantee that they would be comming cap in hand to the Govt before the time came to go back to work. By weekly payment the Govt has more control, some call it socil engineering, normally I would to, in this case I call it good money management.

    As for that token $1000 from the girl, yea its not alot, and nothing compared to the injurys she caused. But I cant see how getting more money out of her would make me, personally, feel any better. Its not going to teach her any more of a lesson (breaking her legs and taking to her with a baseball bat putting her in hospital now that another story).

    The way I see it either you get all your money from the govt towards your reabilitation and to support your income over that time,

    or

    ACC is dumped, we all start taking out insurance just incase we injure someone in or day to day lives, when we do, we are sued for the costs asocciated with the victims loss of income and reabilitation costs etc, etc, etc.

    I know which I personaly feel is the better system. Either way im sure you will get screwed.

    For the record Qkkid was in my bed, not the other way round

    Quote Originally Posted by Yow Ling View Post
    Pumba is a wise man.

  6. #21
    Join Date
    5th April 2006 - 09:52
    Bike
    2001 GSX1200
    Location
    Wellington
    Posts
    1,090
    Quote Originally Posted by Boob Johnson View Post
    im just a lil pissed at being told my fucked up hip (for life) is worth $1000
    The $1000 isn't for the hip, is it? The hip is covered (or otherwise) by ACC, and the law says you can't get anything out of the girl for that. The $1000 is for your distress - which interestingly seems to be more as a result of the payout situation than the actual accident ...

    Don't get me wrong - I feel sorry for what happened to you. The girl is probably suffering a fair amount too; it wasn't deliberate, and she's got to live with the knowledge of what her brief lapse in attention has caused you.

    Richard

  7. #22
    Join Date
    27th July 2005 - 12:00
    Bike
    Nood Hyosung 2fiddy
    Location
    -36.7814, 174.6527
    Posts
    1,239

    Stick it to 'er

    Write to the judge and ask that she has conditioned on her licence that she needs to have a sticker she can see while driving with a picture of your mangled bits from surgery on it!

    Not trying to make light of your injuries, their long standing repercussions or the shit-house payment (that if you budget right you can spend at 50c a week for the rest of your days to consol yourself). Just thought of the positive implications this wakeup call would have everytime she got behind the wheel. Might save lives or money in the long run a?

    Rep coming your way for having enough metal to set a detector off! I have a mate who has pins and plates galore and he still can't!
    I'm selling my new riding gear!! Only worn a few times get a deal Kiwibikers!!
    http://www.kiwibiker.co.nz/forums/sh...53#post1414653

  8. #23
    Join Date
    27th July 2005 - 12:00
    Bike
    Nood Hyosung 2fiddy
    Location
    -36.7814, 174.6527
    Posts
    1,239
    Quote Originally Posted by rwh View Post
    Don't get me wrong - I feel sorry for what happened to you. The girl is probably suffering a fair amount too; it wasn't deliberate, and she's got to live with the knowledge of what her brief lapse in attention has caused you.

    Richard
    1. I would say the combination of things you need to do at the same time to make a car drive indicates it WAS deliberate. Maybe not running poor Booby J down but she made a choice and acted on it.............

    Which brings me to point 2.

    2. While the lack of big $$ payouts leaves out system less vulnerable to corruption and gives everyone great access to treatment I can't help but wonder if the fear of being broke and/or losing most of your possesions to pay someone some amount closer to real compensation for the impact you've had on their life and more like punishment would cut down on these sometimes fatal "lapses" of attention.

    Driving is not the place for ill-attention to the task at hand, if people had the consequence to themselves in their head (cos lets be honest, Boob Johnson will be living with this while little miss 18 is snorkelling in Fiji with her friends and the rest of it) they may just take the due care needed to operate a ton of steel.

    Also, while I'm ranting, I don't buy into the "we all know how dangerous it is on a bike" crap. We are all well aware and are better off for it BUT schoolkids have no armour or helmets and less awareness but can still be plowed into buy a car with a shit/dopey driver. Doesn't make it the kids fault for going out of the house without safety gear. Do we want to be (generalization ahead!) Americans who drive round in SUV's cos WHEN they get hit they'll be safer or like alot of Europeans who buy vehicles that are designed to PREVENT accidents?

    the end for now..... you've all got off lightly this time!
    I'm selling my new riding gear!! Only worn a few times get a deal Kiwibikers!!
    http://www.kiwibiker.co.nz/forums/sh...53#post1414653

  9. #24
    Join Date
    18th July 2007 - 18:32
    Bike
    bike decoration, 02 1150Gs, 2015 Indian
    Location
    wif Mrs Shrek of course
    Posts
    3,205

    Arrow

    Im happy for your mate enjoying being on ACC, how bout you get him to send me the windfall portion to me to make up for the crap ass amount im getting.

    I normal do plenty of overtime, its a normal part of my pay check but in the month leading up to the accident there was no overtime to be had & I had close to a full week off due to a nasty flu, so ACC took that shithaus month's pay, sliced 20% off it then taxed that 80% by a further 19.5% and im left spending the $1000 for pain in suffering to cover my living costs while I hang about the haus feeling sorry for myself.

    It aint all that bad really, I refuse to be bitter and will always look for the positives, im just a lil pissed at being told my fucked up hip (for life) is worth $1000 so am having a lil cry about it, I will forget about it by tomorrow and get back to my happy self


    ps: yes I will set off metal detectors at airports lol. They say I can get a wallet sized card to carry so I don't have to strip each time and get the rubber glove lol..........thank the LORD for that [/QUOTE]

    BJ where do you get the card from as i had a weeee fall and now have bolts, plates and screws in ankle and leg

    go back to ACC and ask them why they didn't go back over the last 12 months because you normaly work ot etc... and that you had just had a weeks sick leave you should also get a lump sum for a permanent injury and "if you don't ask you get"
    get well
    Greater love has no one than this, than to lay down one’s life for his friends. (John 15:13)

  10. #25
    Join Date
    5th December 2006 - 18:22
    Bike
    2000 Honda CBR600F4, RG50/GL145 Bucket
    Location
    Whitby, Wellington
    Posts
    2,009
    Quote Originally Posted by Grahameeboy View Post
    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.
    Actually ... ACC is supposed to replace ALL payments of that kind.

    Boob, once upon a time you would sue the other party for damages and hurt and disability but the ACC Act expressly prohibits that - so I think you did damned well. Somebody must have told a tear-jerker about you in court.

    Lucky sod

  11. #26
    Join Date
    27th July 2005 - 12:00
    Bike
    Nood Hyosung 2fiddy
    Location
    -36.7814, 174.6527
    Posts
    1,239
    Oh yeah! you should be able to ask for a longer period of income to be looked at if you feel the time they took didn't reflect your actual income. I believe the norm is to average the last 6 weeks but you can ask for the average of a year to be taken as many jobs have up and down seasons.
    I'm selling my new riding gear!! Only worn a few times get a deal Kiwibikers!!
    http://www.kiwibiker.co.nz/forums/sh...53#post1414653

  12. #27
    Join Date
    25th July 2006 - 00:22
    Bike
    10 speed 1995
    Location
    Wellington
    Posts
    288
    Quote Originally Posted by rideNroot View Post
    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.
    Yeah - which he has paid for and will continue to no doubt.

    Appealing it will get you nowhere. Our family were out of pocket over a hundred grand from the impaired driver who killed my Mum. Dad had to sell house fast being down to one income and too cheap, brother lost his high paid job due to mental breakdown from stress killer put on us and could not get the dole or any income for round a year as he quit to avoid being sacked, so he lost his house too. And theres more like burial, travel to court hearings, lawyers etc...

    But the Judge ordered us no reparation - not one brass razoo - as the killer incorrectly stated on oath that he was broke. Hadn't stopped him spending thousands on his defence tho.

    NZers get the worst deal out of all developed countries for crime reparation.
    Private death or injury insurance is prolly necessary here tho I don't have it at the moment. I think tourists need to be told this (how primitive our victim rights) as look how smacked the koreans who lost arms were at the insulting raw deal they got from ACC.

  13. #28
    Join Date
    9th April 2007 - 22:00
    Bike
    trx850
    Location
    nz
    Posts
    168
    i must say this thread has made very interesting reading for me. I'm planning on moving to nz to live and had no idea your legal system was any different to ours here in the uk.
    Last year i was "bumped" while in my car by a slow moving police van. Very minimal neck injuries that didnt last more than a wekk or so and got £1600 ($4000+).
    this was all sorted out by my insurance co who aranged car repairs and also did the injury compensation stuff for me after only needing a short statement from me. Its that simple.
    The money came in handy and was a lot more than i thought i'd get.
    The down side of this,As has been mentioned already in the thread is the USA style sue,sue,sue culture that is now rife here in the uk. If you go to a shopping centre there will be a team from some personal injury firm badgering evry person who walks in with the opening line "had an acident in the last 3 years mate? we can get you some money".
    People are suing nieghbours because their hedges are too high, suing councils because they tripped up while drunk on their way home from the pub.
    Its now reached the point where we (and we all do it) claim for anything we can because the culture now is "why should i be the only one not to get some money for it".
    I'm gonna have to look into this acc system as i dont know anything about it but its got to be better than the system here where everyone is screwing everyone else.

  14. #29
    Join Date
    13th February 2007 - 16:19
    Bike
    BMW K1200S
    Location
    Auckland - New Lynn
    Posts
    2,059
    Quote Originally Posted by rwh View Post
    The $1000 isn't for the hip, is it? The hip is covered (or otherwise) by ACC, and the law says you can't get anything out of the girl for that. The $1000 is for your distress - which interestingly seems to be more as a result of the payout situation than the actual accident ...

    Don't get me wrong - I feel sorry for what happened to you. The girl is probably suffering a fair amount too; it wasn't deliberate, and she's got to live with the knowledge of what her brief lapse in attention has caused you.

    Richard
    My hip covered by ACC??? Are you for real Richard? Did you read ANY of this thread?

    ACC are paying a pathetic % of my wages.


    As for the $1000 payout. Im gunna be quite frank for a moment so for those that don't wish to read a few harsh words.............DUCK!


    Richard your a fucking asshat, I don't mind saying it, not a bit. Ive been to hell n back mate. Ice spent weeks in hospital n fucking agony & continue to be to this day and for many more to come. Ive got 9 FUCKING steal pins and a titanium plate screwed to my hip.................for LIFE Richard!!! Please don't attempt to trivialise that. I might be flippant about my situation but that's just my way of trying to stay positive about it all. I refuse to be beaten by ANYTHING, but im farked if ill listen to the horse shit that's flowing from your keyboard right now. Sorry if that came across as a little harsh but I really don't think you thought before you typed the above.

    I will have issues with this in time to come, possibly to the day I die. If I had the choice between loosing (so far) 6 weeks of being under paid my normal pay check ($300 from ACC) + a grand, im sure you could work it out.

    I would much rather be working earning $800 clear a week like I was with my body intact & have the young girl be a little bit more patient at intersections.


    Which brings me to my next soap box moment: I will be putting in my 2 cents to Harry Duynhoven about the licence age. Its a bloody joke. It's harder to buy a packet of salt n vinager chips in the country than get a car licence.


    Quote Originally Posted by Pancakes View Post
    1. I would say the combination of things you need to do at the same time to make a car drive indicates it WAS deliberate. Maybe not running poor Booby J down but she made a choice and acted on it.............

    Which brings me to point 2.

    2. While the lack of big $$ payouts leaves out system less vulnerable to corruption and gives everyone great access to treatment I can't help but wonder if the fear of being broke and/or losing most of your possesions to pay someone some amount closer to real compensation for the impact you've had on their life and more like punishment would cut down on these sometimes fatal "lapses" of attention.

    Driving is not the place for ill-attention to the task at hand, if people had the consequence to themselves in their head (cos lets be honest, Boob Johnson will be living with this while little miss 18 is snorkelling in Fiji with her friends and the rest of it) they may just take the due care needed to operate a ton of steel.

    Also, while I'm ranting, I don't buy into the "we all know how dangerous it is on a bike" crap. We are all well aware and are better off for it BUT schoolkids have no armour or helmets and less awareness but can still be plowed into buy a car with a shit/dopey driver. Doesn't make it the kids fault for going out of the house without safety gear. Do we want to be (generalization ahead!) Americans who drive round in SUV's cos WHEN they get hit they'll be safer or like alot of Europeans who buy vehicles that are designed to PREVENT accidents?

    the end for now..... you've all got off lightly this time!
    Pancakes for President


    Try living a day in the shoes of a victim before you spout of "worldly wise philosophies"


    [/QUOTE]BJ where do you get the card from as i had a weeee fall and now have bolts, plates and screws in ankle and leg

    go back to ACC and ask them why they didn't go back over the last 12 months because you normaly work ot etc... and that you had just had a weeks sick leave you should also get a lump sum for a permanent injury and "if you don't ask you get"
    get well[/QUOTE]I haven't tried to get it yet, last thing on my mind has been international travel to be honest

    Dude ive had it out with ACC & am well versed on the system now, im getting all I can for my personal circumstances

    But thanks for the encouragement


    Quote Originally Posted by Grub View Post
    Actually ... ACC is supposed to replace ALL payments of that kind.

    Boob, once upon a time you would sue the other party for damages and hurt and disability but the ACC Act expressly prohibits that - so I think you did damned well. Somebody must have told a tear-jerker about you in court.

    Lucky sod
    A tear jerker? Have u seen the x ray's from my original thread? Have u seen the scar ive got? You obviously can't feel the pain and discomfort I live with everyday but thanks for your thoughts. I feel lucky that I came out of it alive but to think im a "lucky sod" in the way you put it


    Quote Originally Posted by Pancakes View Post
    Oh yeah! you should be able to ask for a longer period of income to be looked at if you feel the time they took didn't reflect your actual income. I believe the norm is to average the last 6 weeks but you can ask for the average of a year to be taken as many jobs have up and down seasons.
    It works like so........your previous 4 weeks income, the switches to the last 12 months. Unfortunately I was running a family business so my taxable income was pretty much the same


    Quote Originally Posted by candor View Post
    Yeah - which he has paid for and will continue to no doubt.

    Appealing it will get you nowhere. Our family were out of pocket over a hundred grand from the impaired driver who killed my Mum. Dad had to sell house fast being down to one income and too cheap, brother lost his high paid job due to mental breakdown from stress killer put on us and could not get the dole or any income for round a year as he quit to avoid being sacked, so he lost his house too. And theres more like burial, travel to court hearings, lawyers etc...

    But the Judge ordered us no reparation - not one brass razoo - as the killer incorrectly stated on oath that he was broke. Hadn't stopped him spending thousands on his defence tho.

    NZers get the worst deal out of all developed countries for crime reparation.
    Private death or injury insurance is prolly necessary here tho I don't have it at the moment. I think tourists need to be told this (how primitive our victim rights) as look how smacked the koreans who lost arms were at the insulting raw deal they got from ACC.
    My condolences to your family Candor. This is a prime example of why ACC is a shit system. Either way we pay!!! We can pay into the shithaus ACC system or we can pay insurance companies and actually get what it's worth to have your body fucked up or worse.


    Anyone that has had the rough end of the ACC stick will no doubt agree.
    To laugh often and much; to win the respect of intelligent people and the affection of children; to earn the appreciation of honest critics and to endure the betrayal of false friends. To appreciate beauty; to find the best in others; to leave the world a bit better whether by a healthy child, a garden patch, or a redeemed social condition; to know that even one life has breathed easier because you have lived. This is to have succeeded

  15. #30
    Join Date
    2nd November 2005 - 07:09
    Bike
    2001 DUCATI 900SS
    Location
    Auckland, New Zealand, Ne
    Posts
    4,219
    Quote Originally Posted by Grub View Post
    Actually ... ACC is supposed to replace ALL payments of that kind.

    Boob, once upon a time you would sue the other party for damages and hurt and disability but the ACC Act expressly prohibits that - so I think you did damned well. Somebody must have told a tear-jerker about you in court.

    Lucky sod
    That GBP25,000 would just be for the injury (pain and suffering)....then you add loss of income etc on to that.

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •