The truth about the Insurance Commission of Western Australia - ICWA
   
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the motor vehicle accident.........

We were seated in the alfresco dining area of the Vino Vino Restaurant on James Street. In the evening the outside dining area included the parking bays along James Street that were leased from the City of Perth.



The driver of the motor vehicle told the police that while moving the delivery van he managed to get his foot stuck between the pedals and as result reversed at high speed into the dining area. To understand the force of the impact it is important to note that before reaching the dining area he felled a tree in his path hit some very heavy flower boxes before hitting the temporary iron fencing surrounding the dining area and ultimately hitting our table. Our table was eventually pushed along before becoming wedged against a post. this is when the force increased dramatically as I was now wedged between the table in front and the vehicle directly behind me. My wife and three kids suffered shock, cuts, bruises and in one case injury to the bladder. It was my 11 year old daughter who first emerged from under the table and realizing that I was wedged in and unable to breathe, started to jump up and down on the table until it eventually collapsed and thereby freed me and allowed me to fall to the ground.

According to the police crash report, the 41 year old driver of the vehicle possessed only a learner's permit and was driving the delivery van without supervision. Furthermore, the driver already had two convictions of driving while under the influence and without possessing a driver's license. For these offences he had been convicted, had to pay a fine and had his license suspended for a period of time (a license that he never held). Since hitting us he had a least two further convictions for driving without a license, including at least one for driving while intoxicated. Again he faced only a fine and further suspension of a license he never held.

Two ambulances arrived very quickly and took my wife and the two younger children to Princess Margaret Hospital and my older daughter and I were taken to the Emergency Department of Royal Perth Hospital.

Everybody should at least once see the problems RPH's Emergency Department has to deal with on a Saturday night. An avalanche of heavily intoxicated people threaten the staff with physical assault and extreme verbal abuse. As a result, the Emergency Department staff has to work under horrendous conditions and things get missed. In my case it was six broken ribs that went unnoticed. These broken ribs were the best indicators of the force of the impact. I required intensive monitoring , a standard treatment protocol when treating victims of a high speed blunt chest trauma. This medical care did not take place and I spent most of the night in the corridors of the hospital. I don't blame the hospital staff for this as they were working under very difficult circumstances. However, it is interesting to note that the patients who were the most violent and abusive received the most attention and treatment, in a desperate attempt to control them. Unfortunately this happens at the expense of those patients who behave in a civil manner.
As a result of the broken ribs being missed by the hospital I was released the next morning as the assumption was made that I had suffered a minor accident, with only bruising. Consequently, the he police crash report noted the crash as a "minor accident" and the Insurance Commission's legal team tried their best to play down the severity of the accident at trial.

It was not until two days later that our great GP thoroughly checked out the entire family and diagnosed the severity of the injuries, prescribed the required treatment and referred me to a cardiologist to treat my now persistent atrial fibrillation. As I no longer responded to medication I eventually had to undergo two ablation procedures to the heart which ultimately cured my atrial fibrillation. Unfortunately I was left with angina like symptoms that developed after the MVA and were still present after the ablation procedure. For a long time a cardiac condition was suspected as the cause and I had to undergo numerous tests and investigations over the following 3-4 years. Eventually the symptoms were discovered to be caused not by a cardiac condition but being a Psychological Chronic Adjustment Disorder a direct result of the MVA and its consequences. The diagnosis required me to take medication and as a consequence both the European and Australian Aviation Authorities were unable to reinstate my Airline Transport Pilot Licenses. The symptoms and the taking of medication have ruled me generally unfit for most jobs  as I cannot pass a pre-employment medical test.



Note: Any persons appearing in the picture are unassociated with the MVA!
   

 

Updated 23 March 2017 ML




Tall poppy syndrome:

If you think this can only happen to well off individuals. Think again, anybody whether you are a single mum, child, pensioner or unemployed person can wind up in the same situation. The innocent victim of a motor vehicle accident only needs to require 24/7 medical care for the rest of his life for his compensation claim to amount to millions of dollars. (more)

  

Purpose:

This site is meant to both inform the public of the faults of the WA Third Party Compensation System and the outragoeous actions or lack thereof of the very instituitions that are meant to protect the public from the excesses of goverment institutions. (more)

 

My personal target, is to overturn a miss carriage of justice, restore my good name, regain my dignity, improve my health and that of my family, obtain compensation that takes into account ALL the evidence, as ICWA is supposed to do and hopefully make a contribution to change how innocent victims are treated and compensated in Western Australia.

 

       
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