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policeman with PTSD gets $1 million from dead driver's insurer after fatal crash

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Offline nzenigma

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This is a first!
 The cop ended up with PTSD after attending a fatal accident. The speeding driver who died was off his head on amphetamines etc.

The Cop sued insurer,  AAI Limited,  who argued it was not the driver's responsibility to take reasonable steps to avoid exposing officers to psychiatric harm through his death or suffering.

The court disagreed and awarded the cop $1 million  saying that the driver had a legal duty of care .

:link: Former policeman succeeds in  million claim from driver's insurer after fatal crash - ABC News (Australian Broadcasting Corporation)
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Offline tw2005

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Absurd, and all this will do is push premiums up if they have to cover this. If anything I would expect it to be work related cover not the other dickheads insurance.  :spitty: :spitty:
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Offline Dazzler

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Wow! In Australia too! I immediately assumed the USA  :eek:
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Offline Paolo5

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Looking at it from another perspective, it is truly sad that someone's life has been altered so radically...and all due to the decision-making and actions of a driver being so irresponsible.


Offline nzenigma

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I agree with all three of you, all valid points.

Obviously, we will pay through increased premiums.

Ive always had a problem with when "responsibility" starts and ends in relation to alcoholics, complete nutters, utter dickheads, junkies and a few members herein.  :Pout:
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Offline mickd

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Absurd, and all this will do is push premiums up if they have to cover this. If anything I would expect it to be work related cover not the other dickheads insurance.  :spitty: :spitty:
I know of a couple of PTSD  ex-cops in NSW. Dealing with workers comp is a nightmare for an injured normal worker, let alone Police PTSD. WC is usually provided by insurance co's who have no problem spending 80% of the claim, ( its tax deductible ) on 24/7 video, phone and social media servailance  (?). Both have been terminated and deemed incapable of any employment by NSW Police, 1 has received a payment  (not 1 mill) the other is still being followed.
As most insurance co's come under central company,  if QLD's Police WC comes under the one umbrella,  it allows payment, through the courts,  NOT WC thus setting a precident for any future claims. Again that payment of $1mill is just a tax deduction for the insurance co's.
A million is SFA .
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Offline nzenigma

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 :whsaid:

I add this to all the above valid points.  :goodjob2:
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Offline beerman

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Clamp down on the dodgy claims to pay for the genuine ones. Seems fairly easy.

I don't see how when someone's life is so dramatically changed by a crash that they need to be in the car.
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Offline mickd

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Clamp down on the dodgy claims to pay for the genuine ones. Seems fairly easy.
My injury was WC, but had to sue employer in court for Work Injury Damages as level of injury was above a set threshold. Injury damages were never challenged,  all their reports said same as ours.
Still had to jump through so many hoops as is required by the system.
My bill, in getting more than employer wanted to pay was $70K .
I've been "employer side" and "injured party" with the WC system,  its so f**ked up  :crazy1:
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Offline Paolo5

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Clamp down on the dodgy claims to pay for the genuine ones. Seems fairly easy.
My injury was WC, but had to sue employer in court for Work Injury Damages as level of injury was above a set threshold. Injury damages were never challenged,  all their reports said same as ours.
Still had to jump through so many hoops as is required by the system.
My bill, in getting more than employer wanted to pay was $70K .
I've been "employer side" and "injured party" with the WC system,  its so f**ked up  :crazy1:


$70,000!!!!!  :crazy1:
No wonder everyone hates lawyers...


Offline nzenigma

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 :crazy1: Be reasonable guys.

With any claim the lawyers know the $$'s a stake.  :phone1:

For your benefit, they diligently generate paperwork to fit YOUR case.  :happydance:

If YOUR compensation amount is large, the photocopiers will be going night and day.

Add to that the email list; send one line $50.> read one word reply $50,> consult lead barrister  :phone1:$1000 > formulate and send 2 line response, $560 > phone client to advise nil progress $380. :phone1:

One day is lawyer's hell out there.  :spitty:
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Offline Paolo5

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:crazy1: Be reasonable guys.

With any claim the lawyers know the $$'s a stake.  :phone1:

For your benefit, they diligently generate paperwork to fit YOUR case.  :happydance:

If YOUR compensation amount is large, the photocopiers will be going night and day.

Add to that the email list; send one line $50.> read one word reply $50,> consult lead barrister  :phone1:$1000 > formulate and send 2 line response, $560 > phone client to advise nil progress $380. :phone1:

One day is lawyer's hell out there.  :spitty:

 :crazy1: :rofl:
Sad...but true.


Offline mickd

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:crazy1: Be reasonable guys.

With any claim the lawyers know the $$'s a stake.  :phone1:

For your benefit, they diligently generate paperwork to fit YOUR case.  :happydance:

If YOUR compensation amount is large, the photocopiers will be going night and day.

Add to that the email list; send one line $50.> read one word reply $50,> consult lead barrister  :phone1:$1000 > formulate and send 2 line response, $560 > phone client to advise nil progress $380. :phone1:

One day is lawyer's hell out there.  :spitty:

 :crazy1: :rofl:
Sad...but true.
Barrister was 13k - he forgot to add gst   :lol:  He held discussions with other side over coffee as they do, and a figure was put forward that was a bit less for us but a lot more for them.  :victory:
Each medical assessment was 1500 to 2400,
To be fair I was dealing with them for approx 7 years and with all the changes to NSW WC during that time meant that the goal posts and rules were being back dated 2 years.
It was a bit but that's life. My employer as a self insurer didn't claim back all my medical bills as all the other companies do. The other sides (nsw gov) bill would have been double that  and it didn't get to court.  Add 50k to mine if it did.
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