Getting paid "emotional reparation" from an accident

[Grahameeboy]

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.

ACC is a red carpet compared to say Disability (born with)......sorry my pet thing. ACC is an insurance policy bit there will always be exclusions but agree the way ACC is advertised suggests othewise.

[jonbuoy]

If you could start suing people for damages etc like in the UK expect your insurance premium to triple. Its a nice idea but people take the piss - you get rear ended on the motorway play up like you got serious whiplash and get a juicy payout. These No win no fee companies will tell you exactly what to say to the Doctor, how it hurts etc..

[ozrobo]

better than oz i hit a guy who stopped on the highway and the fellah took off it blew apart my knee twisted my hip broke my scafoid in my wrist 18 months later i got nothing even the insurance wouldnt pay cause no 1 took the fellahs number plate still cant run but im more carefull on the highways

[MacD]

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".

In my particular line of work you can make quite a nice living in the USA as an expert witness. Turn up at court, make an expert statement to suit which ever side of the action you are on, and pocket a nice fee. True justice eh?

While ACC is far from a perfect system, and seems too dependent on the whims of case managers, the alternative is not a great option. For every headline large payout there are countless ongoing court arguments resulting in wealthy lawyers, large insurance premiums and little else.

[Matt_TG]

Boob mate, Richard was only stating the facts about the situation, in that in NZ the system is 'no fault'. The law removes the right to sue. Richard was spot on in saying that the $1,000 was for emotional distress, she isn't paying for the operation or the fact you have a messed up body for life. It's a statute, made by the asses we elect.

I don't see Richard commenting the amount was 'fair', which is what you are getting at.... and you did mention in your first post that it was like a 'pools win' - hence his other comment that the subsequent debate has created more stress.

ACC has in fact paid - for the operation to repair your hip. Other countries, where you can sue (but not guarantee you'll actually get paid) you'll need insurance to cover that or pay for it yourself.

None of us want to be in this situation and I believe that all bikers reading this will feel deeply for you mate, we all see the possibility of ourselves in the same position, it's just that at the end of the day there I don't think that there's too much more that can be done, which sucks.

[rwh]

Firstly - my apologies. I knew it sounded harsher than I intended, but went ahead and hit send anyway. I shouldn't have done that.

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

That's what the 'or otherwise' was supposed to cover. I didn't mean to imply that the ACC payout was adequate, just that that's the only place you can get anything from for your hip - you can't sue the perpetrator. Personally, I like that. Everybody makes mistakes; occasionally those mistakes will cost a horrendous amount of money - and the more our hospitals can do, the more it will cost. The fact that hospitals are getting better is better for you (the victim), but could bankrupt the person who made the mistake, if they had to pay it themselves. And they probably couldn't afford it, so you'd either go without treatment, or you'd have to pay for it yourself, or the state would have to step in anyway. Unless we all had private third party insurance, of course, which is probably the best alternative.

ACC are paying a pathetic % of my wages.

And, presumably, a whole bunch of hospital expenses. I accept that it's not enough.

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.

Accepted. I usually spend a fair amount of time both thinking and editing my posts before I submit them, but I didn't do enough of that for this one, and I knew it at the time, and sent it anyway.

I'm sorry.

Richard

[fireliv]

The guy who bashed my mate on duty in the face and broke his nose in three places permanently disfiguring it got $100 fine and 10 hours community service with no reparation. But then my mate is a cop and nobody gives a fuck. It was even on Police Ten Seven video for the Judge to see.

Sorry mate but the minimum community work that can be imposed by a judge is like 40 hours so he must have gotten more, unless it was dealt with outside of court. Unfortuatly the laws percieve that if you are a cop then you know the risks when u sign up, so penalties are lower than if it was a member of the public (not sure I believe in that since I see it as civil disobedience).

I know ACC is crap, but at least we have something to try and help us... many countries dont and you have to fend for yourself.

As for the $1000 it is a pity the judge didnt have reparation figures from you cos hopefully you would have gotten more.

Good luck with recovery

[smoky]

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. .....Im fully aware of the risks but im obviously not to blame in this accident in any shape or form...

hey man - no one said you were to blame - when i said;

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 was referring to the added risk of no protection around you - no crumple zone dude. If you have an accident, no matter whoes fault it is, odds are it's gonna hurt more than if we were in a car.

I understand your point about people on the sidewalk - but in reality thats not as comman as a bike accident is it?

[Boob Johnson]

Boob mate, Richard was only stating the facts about the situation, in that in NZ the system is 'no fault'. The law removes the right to sue. Richard was spot on in saying that the $1,000 was for emotional distress, she isn't paying for the operation or the fact you have a messed up body for life. It's a statute, made by the asses we elect.

I don't see Richard commenting the amount was 'fair', which is what you are getting at.... and you did mention in your first post that it was like a 'pools win' - hence his other comment that the subsequent debate has created more stress.

ACC has in fact paid - for the operation to repair your hip. Other countries, where you can sue (but not guarantee you'll actually get paid) you'll need insurance to cover that or pay for it yourself.

None of us want to be in this situation and I believe that all bikers reading this will feel deeply for you mate, we all see the possibility of ourselves in the same position, it's just that at the end of the day there I don't think that there's too much more that can be done, which sucks.

Yeah I think I did over react a bit Splatty it just came across like he was meaning a $1000 was more than enough for my pain n suffering.

Just to clarify I wasn't sure what to expect as ive never been in this situation before, so initially when I opened the letter from the courts I was like "oh a grand........sweet" then I thought about it a bit more and went "hold on, a $1,000 for what ive been through plus a lifetime of uncertainy sounds a lil cheap to me".

Yes ive had a top notch surgeon, yes ive got a few bucks coming in from ACC to put a few viddles on me plate but ive paid taxes for many years (and ACC levies when I was self employed) so that's where that comes from, insurance paid for my bike & gear replacement but im getting practically nothing for a lifetime of inconvenience! Just doesn't quite add up in my book, certainly now im in the hot seat as it were.

From where im sitting, I would much rather have the same or similar system to the states. Either way it's gunna cost a similar amount each right? ACC levies or personal insurance? Whats the dif?


It looks like i've landed myself a very well paid job with an oil company, on Thursday I went for a drug test & physical (they ignored all the morphine in my system :-p). But im not sure ill get it due to my injuries & what about in years to come if this injury comes back to haunt me (ie: arthritis etc) what then? Off to a crap paid job because I cant do what I was doing? I would prefer the big payout from an insurance company to be honest, at least then I would have a lot more options up my sleeve like studying for a more appropriate job.

I totally agree everyone makes mistakes, the young girl had a blonde moment, we all have them at times, were human, im not pissed with her at all. She wouldn't suffer under the US system because her insurance would cover the payout to me.

The guy who bashed my mate on duty in the face and broke his nose in three places permanently disfiguring it got $100 fine and 10 hours community service with no reparation. But then my mate is a cop and nobody gives a fuck. It was even on Police Ten Seven video for the Judge to see.

The system in this country is just wrong sometimes. Really sorry to hear about your coppa mate, they deserve so much better. What kind of asshat judge gave that verdict????


Privatise the jails I say, lock idiots up for a lot longer. At least then they will be off the streets for many a year and someone is makin money off of it because they usually just go out and do it again. Victims in NZ are REALLY victims in the true sense of the word!

Firstly - my apologies. I knew it sounded harsher than I intended, but went ahead and hit send anyway. I shouldn't have done that.

All good Richard, soz for over reacting. It's easy to read things differently to how they were meant to come across on the internets


Appreciate the reply

[The Big J]

hi mate

Congrats on having a good attitude.

I was always blown away by a guy I worked with who lost both legs to meningitis at age 18. Happily married, loved his kids, everyone at work liked him, just didn`t allow himself to be a victim when many others would have.

I think you have a good point about the amount of money but the fact it is was probably included as a concession not a genuine attempt to redress your emotional damage. The courts very rarely compensate victims sufficiently. People commenting that you`re lucky for what you get are speaking comparatively.
ACC is the legal system here, I think you have more chance of perhaps talking to a lawyer for an hour about the system regulation and whether a case to plead or a change to their payout calculation is possible. If the court give you an extra grand will it really matter?

Anyway the point I want to make is that shit happens. The girl is to blame, the system doesn`t redress your loss sufficiently but what amount would?
The fact is you have to make a decision whether to be angry about it or continue life in spite of it. It sounds to me like you`re making the right decision there and despite being emotional about it (who wouldn`t) you aren`t living in the negative.

good luck on the recovery if you have any physical recovery etc. - I haven`t read your other thread.
Hope to see you back on the bike soon. Congrats on the job.

[Boob Johnson]

hi mate

Congrats on having a good attitude.


good luck on the recovery if you have any physical recovery etc. - I haven`t read your other thread.
Hope to see you back on the bike soon. Congrats on the job.

Thanks mate. Can't go round feeling sorry for ya self aye just gotta live life with the cards you have been dealt & if your any good at euchre go for the march

I have 9 pins & a titanium plate screwed to the hip for life, but they reckon I should make a full recovery, the question mark is things like arthritis in later life, so im taking omega 3 fish oil now to combat that.

Haven't replaced the bike yet, will do as soon as the job is 100% confirmed.

[Sanx]

Congratulations on your sterling attitude, BoobJ. It's obvious you're not letting yourself be run down (excuse the pun) over this; just getting on and dealing with it.

ACC has its flaws, but I think it's one of the fairer systems out there. In the US, and increasingly in the UK, litigation is the immediate recourse to all ills. There's a blame culture in these places; doesn't matter what happened, someone's always to blame.

Councils can be sued if someone trips over a broken paving stone. Motorists are sued after they cause an accident. There've been plenty of cases in both countires where thieves breaking into a house have succesfully sued the homeowner because they tripped going down the stairs whilst carrying something they've just stolen. Everyone knows the story of the woman who succesfully sued McDonalds after ordering a coffee from the drive-thru, putting it between her legs to hold the cup, and then spilling it. She got a considerable amount of money (in the $100,000s) because the drive-thru monkey didn't tell her the coffee was hot...

I like ACC, although I've never had to make a claim on it for anything. By preventing NZers suing for personal injury, insurance costs are kept down and the litigious nature of some other western societies is kept out. Yes, some people lose out and it would seem that BoobJ is one of them, however consider this; under the US system, if you didn't have health insurance, you'd have to pay for your treatment. Not just loss of income or the sundry expenses incurred, but the tens of thousands the plate and pins cost plus all the rehabilitation. Your only option would be to sue the 18 yr-old who caused the accident. Which means paying a lawyer, and they take (typically) a third of the payout as their fees.

If the girl didn't have insurance then she'd have to pay out of her own pocket, which would mean that BoobJ would get $50 a week for the next twenty years. But the lawyer would want his third instantly, regardless of the other party's ability to pay. Boob would end up not only owing the hospital for extremely expensive treatment, but owing his lawyer for a third of whatever damages he was awarded.

In my view, ACC may have its flaws but it's a hell of a lot better than most systems where the only winners are the lawyers and insurance companies.

[Roj]

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.

I do feel for your plight, ask your ACC case manager for a review, showing the previous 12 months wages,

If you make alot of noise ACC can be very good, but they will not tell you what you can have, you have to ask for every single thing. get on to your case manger, ask what they can do for retraining as you can't do things you could before

As for the $1000 "emotional distress" , the nz system will never give you what would be a truly fair amount, accept it for what it is, for an 18 year old that is a a lot of money.

My wife got knocked off her bike just over 12 months ago, the driver was unlicensed driving an unregistered car. She suffered 12 broken bones, has 7 plates and 35 screws, almost 4 months in hospital, has had 5 operations so far, and at least another 2 more that we know about, she got no payments for emotional distress at all, and we did a very full victim impact report. however we have managed to get reparation for expenses and the driver has to repay the insurance company, at $25 a week it will take the driver over 9 years,

We looked and "restorative Justice" but found what it meant was "sit quietly while the driver apologises"

It is sometimes unfortunate that victims are not truly compensated for these things, but would you prefer to be in NZ or the USA where if you happen to scratch someones car you could be sued for large sums of money?

[Kflasher]

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?

Are you sure the was not an option to take a bat to her bones, in lue of payment???

[Boob Johnson]

Are you sure the was not an option to take a bat to her bones, in lue of payment???

lol, im not pissed at the girl. We all make mistakes, we are human after all. I made a few silly mistakes at 18 behind the wheel, thankfully didn't damage anything other than metal. I threw a mates HQ into a swamp at 3am (pissed of course) chasing a rabbit over Bowentown way, wrote the HQ off. No police involved thankfully but I still paid him back for the car. He got one hell of a surprise when I turned up on his doorstep with a bundle of cash with his name on it lol