depressed my car is a wreck!

[MzZ Sportivo]

:(

Hi guys

Im so depressed at the moment......just when u think things are starting to go well they get worse!

I just came back from a relaxing trip to the gold coast met Evo7 seen his sweet ride had an awesome time....went back to work on wednesday was sad enough to be back in sydney and at work anyhow was on my way home was on Homebush Bay drive in peek hour traffic.....some guy behind me i a ford station wagon was riding my *****.

It was u know stop start stop start everytime we stopped the guy got even closer to my back bumper.....the last time before he hit me he must have been distracted and didnt see that we had moved for a few seconds......when i stopped he was about 6 -7 car lengths behind me i seen him coming coming coming then thought OMG he isnt going to stop BANG! what do u know the d!ck head didnt!

It was lucky i left a fair amount of space between the me and the car infront coz he pushed me like centremetres from it.......i think it made it worse coz i seen it coming i dont know i think i tensed up or something.....i have been in severe pain ever since my neck n back are locked in i cant hardly move.....been to physio i have severe whip lash torn the musces in my neck so swollen now im in a neck brace the pain is unbelieveable!

i went to the police station to report the accident a few hours after the accident just in case to find out the idiot was unlicensed....he is being charged but this is not the point nor good enough the as$hole should not have been on the road in the first place!!!!

As if this wasnt bad enough i have to be off work i cant drive cant move u know......my boss turned around to me and said ur out of sick days im not paying u for the time u take off.....i nearly died......i am full time permanent and have been there for 2 years now......

i thought this has to be wrong....did my research i am under work cover anyhow since the accident happened on the way home..i called her back n told her this....what a cow!!! she said she isnt going to bother looking into it until i come back to work......hello i wont be coming back to work for atleast 3 weeks which brings us to xmas and we are closed for 2 weeks so she expects not to pay me for 6 weeks like hell!!!!

I am at my whits end with this already dealing with the pain and not sleeping well is doing my head in enough without the stress of no wages......i think she may try to fire me now if she does i will most likely have to take her for unfair dismissal its not my fault!!

i just cant believe this i swear i have the worst luck..... :(

sorry for the rant im just p!ssed

any advice though? never been in this situation where workcover is involved :(

[quantum]

Just finished my studies so I can't give you any advice but I wish you all the best and hope you get your money :) any way you can sue that guy that hit you?

[MzZ Sportivo]

Just finished my studies so I can't give you any advice but I wish you all the best and hope you get your money :) any way you can sue that guy that hit you?

oh u studying law?

Yeh lucky i have insurance my insurer is organising the repairs thank *** no excess and will chase him for the money i believe.

I can sue him but thats no help to me now its to early too at this time :( i have to look into it further i think since i cant work i think i have alot of time to do that :P

its not even that it hapened on the way home its a work cover matter my boss should pull the stick out her rich a$$ n pay me :P

[DJKOR]

Oh boy. I can fell your pain that you must be going though. This couldn't have come at a more inconvenient time. I'm not sure how the injury is covered. I think that's what CTP insurance is for, but I also don't know who exactly covers that when the driver was unlicensed. I think possibly that's what your insurer follows up during the claim, hence why they usually ask if you were injured when you lodge your claim. As well, I don't really have any knowledge in terms of whether your employer covers you, but from what I have heard, the time spend going to and from work can be covered under business/company insurance policies.

Regardless, you would need to do some further reading and investigation to find out what is an isn't covered for yourself. This is the most frustrating part as you can imagine with the injuries that you have already sustained in combination with the time of the year.

Everything will work out, it always does. I just wish you all the best Emma and hope that you can get through this as soon as possible.

[MT]

Take them both for everything they're worth... teach them both a lesson

[thegourou20]

Gotta Be Positive....At Least You Are Alive....The Culprit Will Pay For This Mistakes Sooner Or Later...It Is Just A Question Of Time! :)

[RXSeven]

You need to work in the Federal Government. The quality of work and ability to progress in certain departments is far greater than that of the private sector. In addition to that, there are policies in most departments to prevent what is happening to you now.

If your boss tried that where I work she would have been crucified by HR.

[Ascendant Rice]

:(

[marc2020]

TAC or equilvalent? When I was in an accident, my passenger was injured TAC covered all the medical bills, and provided documentation to her workplace about the time off. My insurance chased the other guy down. There should be a TAC type organisation in your state.

[whitestivo]

Do you have annual leave you can use in Leiu?

If you have used all your available and accrued sick leave, i would seek an extension on your sick leave, or that you be paid at part rate during the time if money is an issue, and then paid at that part rate again when you return, so 6 weeks at 50% pay?

whitestivo

[Cappuccino]

Very sorry to hear! Some people in Sydney dont deserve a licence, i also had a truck run up my ***** when i was driving my brothers car to work...insurance sorted everything out.

All the best as they say things happening in 3s Best of luck!

[greg05rolla]

if you are on your way home from work from a fulltime job you are covered by work cover, the business' insurance u work for should cover it. if your boss says she isnt going to pay you all you have to do is say your going to take her to court.

[Mopp]

plus your TAC equivilent should pay you for loss of income during the time it takes to recover, I got offered money but i didnt take time off work so i had no need.

Give them a call, you never know your luck.

[mrs.sportivo]

I think you can sue the guy for your neck and because of that you cant work so he has to compensate and ontop of that if u hire a vehicle u can make him pay for that too, and if he doesnt pay u can get interest to build up on however much u want to sue him for.

lols just got paid out from the accident i had which was over 6months ago, lucky i was nice and let him off the interest building up thing and my ""tramatic experience" LOLOL oh well, im getting an extra few grand from it anyways lols or am i HAHAHA :) anyways best of luck with it

[TRIPPER]

What was his number plate? Ill clean him up for the right price

[spillige]

these things happen at the worst times, its just a test of character stay strong and youll make it thru

[MT]

sorry to say but you are NOT covered by workcover or company insurance when you are travelling to and from work. The relevant legislation was changed 2 years ago to say that you are only covered whilst on official work duties, any travel to or from home or even lunch breaks are no longer covered.

Also, if you have used your entitlement of sick leave, all that remains for you is to take leave without pay. They cannot fire you for being injured and unable to complete your duties, however if they do, depending on the size of the organisation you may be able to sue for unfair dismissal.

Your best bet, as horrific as this sounds, is to go see one of those no win no fee accident lawyers, and see what case you have against the person who hit you.

Sorry mate.

[Leroy]

sorry to say but you are NOT covered by workcover or company insurance when you are travelling to and from work. The relevant legislation was changed 2 years ago to say that you are only covered whilst on official work duties, any travel to or from home or even lunch breaks are no longer covered.

Also, if you have used your entitlement of sick leave, all that remains for you is to take leave without pay. They cannot fire you for being injured and unable to complete your duties, however if they do, depending on the size of the organisation you may be able to sue for unfair dismissal.

Your best bet, as horrific as this sounds, is to go see one of those no win no fee accident lawyers, and see what case you have against the person who hit you.

Sorry mate.

Yep, if you have used all your sick days - then the only thing you have is leave without pay. :(

You do, however, have a very good chance at receiving damages from the guy that hit you. Not only has he not kept the required distance (ie. negligent driving) behind you, but was also unlicensed. If he was unlicensed, then it calls into question his proficiency on the road - and he has not discharged the implied standard of care to other road users by driving without said license.

You wont be able to claim damages for the car, as your insurance will have already covered that - but you are entitled to claim medical expenses and loss of income.

[MzZ Sportivo]

Thanks guys for all your advice.

I did some research and it is actually covered by work cover....i have sorted it all out with my boss she is going to pay me for the duration i am off and has organised her insurance company to cover all of my expenses i filled out all the paper work today. I spoke to her also about Sue'ing....ahh forgot to mention i work in a solicitors office :o dont know much about this part of things coz we dont deal with mva's just family law & conveyancing mainly and she said it is something that i should definately think about and should keep every record of everything i do and any trauma and loss i may have........it doesnt sound like fun to me...

I have taken another step aswell and have attempted to file a claim against his green slip my physiotherapist recommended it so i sent that off today....i dont think i will go through though as the guy was unlicensed and i know when u get done unlicensed it voids ur insurance and rego and i have not been able to get a straight answer as to whether it voids your greenslip aswell?? Isn't the point of a green slip to cover those that are injured in an accident??

****sighs***** this is all to much for me.........i'm just thankful she is co operating any paying me im not sure how long she will deal with not having me around before she looks for someone else.....i hope i can get back into the swing of it all soon.......they physiotherapist said i am looking at atleast another 3 weeks in this stupid neck brace

whitestivo Posted Yesterday, 10:57 AM

Do you have annual leave you can use in Leiu?

ha ha ha nope i just came back from holidays used up my last days going to the gold coast was the first day back at work from holidays that i had the accident :(

Cappuccino Posted Yesterday, 01:57 PM

Very sorry to hear! Some people in Sydney dont deserve a licence, i also had a truck run up my ***** when i was driving my brothers car to work...insurance sorted everything out.

All the best as they say things happening in 3s Best of luck!

I know huh Cappuccino its bs......ur right about this this guy didnt deserve one and didnt have one for that reason but still was on the road! it just pisses me off and for that all the police could say as some sort of comfort was that he "might" be charged! that is not good enough for me im pretty much home bound now i cant work cant go out even the every day normalties i cannot do and this guy gets off with a fine its beyond me how this law works i bet the idiot is still driving around!

Thanks anyhow guys for all your advice....fingers crossed it all goes well from here huh

[JJCRU23R]

sorry to hear bout the accident...

sincerely hope everything smooths itself out. you shoulda been a bit more aggressive with the cops, saying I WANT CHARGES MADE AGAINST HIM NOW!

if said they "might press charges" to my face, I woulda told them to PRESS CHARGES straight away.

on a side note.. although it may not be all that pleasant for you to post, do you have pics of your car after the accident?

Edited December 2, 2008 by J_J

[spillige]

hows the car?.........................

[MR22ZZ]

sorry to say but you are NOT covered by workcover or company insurance when you are travelling to and from work. The relevant legislation was changed 2 years ago to say that you are only covered whilst on official work duties, any travel to or from home or even lunch breaks are no longer covered.

Also, if you have used your entitlement of sick leave, all that remains for you is to take leave without pay. They cannot fire you for being injured and unable to complete your duties, however if they do, depending on the size of the organisation you may be able to sue for unfair dismissal.

Your best bet, as horrific as this sounds, is to go see one of those no win no fee accident lawyers, and see what case you have against the person who hit you.

Sorry mate.

depending on your industry, there should be a workplace ombudsman you can talk to who is better positioned to deal with this than a lawyer (particularly a pro-bono lawyer).

I also wonder what sorry excuse for a government decided that this would be a good law to change... <_<

[MR22ZZ]

Yep, if you have used all your sick days - then the only thing you have is leave without pay. :(

You do, however, have a very good chance at receiving damages from the guy that hit you. Not only has he not kept the required distance (ie. negligent driving) behind you, but was also unlicensed. If he was unlicensed, then it calls into question his proficiency on the road - and he has not discharged the implied standard of care to other road users by driving without said license.

You wont be able to claim damages for the car, as your insurance will have already covered that - but you are entitled to claim medical expenses and loss of income.

how do you claim damages back from someone with no money?

All you will see is $50 installments every month for the next eleventy billion years.

[Leroy]

how do you claim damages back from someone with no money?

All you will see is $50 installments every month for the next eleventy billion years.

Where does it say the guy is broke? Having your license suspended and having no money are two different things... we don't even know how this guy lost his license to start with!

If the choice is between 50 a week forever, or nothing... I'd be taking the 50.

Or try looking at like this - if the payout was 10,000 - that can be done in around 5 years. So while a lump sum would be better - the respondent would be paying your petrol bill each week for the next 5 years :P

Edited December 2, 2008 by Leroy

[MR22ZZ]

I can see you have never had to deal with a deadbeat who can't pay jack before...

I said per MONTH for starters... $50 is ever a bit generous, I've seen cases where the guilty party 'can only afford to pay' $8 per week. And this figure is SET for the entire time of the repayment 'plan' and is not adjusted with changes in circumstance. It doesn't matter what the sum to be repaid is, if it's only $500 then they pay at whatever is deemed to be a managable figure according to their financial records, if it is $30,000 it's still the same figure.

I just just figuring the guy was a deadbeat by his refusal to do anything remotely humane towards our victom here, but seems to be going around a bit these days, especially with unlicenced drivers in Qld...