Court web hunt for car upstages ACC

Judge Martin Beattie. Photo / Kenny Rodger

A judge surfed the web to check Trade Me prices for second-hand Toyotas before ordering that an accident claimant was entitled to a newer car than planned by ACC.

While judges usually confine themselves to legal research, Judge Martin Beattie took to the internet and said his bargain hunt turned up plenty of two- and three-year-old Toyota Corollas for $20,000 or less.

Robbie Carbin, of Whangaparaoa, in the Hibiscus Coast region of Auckland City, has received weekly compensation since 1989 after injuring his lower back loading baggage as an airline worker. His current payment is around $750 a week.

Mr Carbin, who is in his 50s, suffers chronic pain in his back, neck and legs, and his lower back function is decreasing, particularly his ability to bend, Judge Beattie says in his District Court appeal ruling.

In 2008, after Mr Carbin began experiencing worsening pain getting in and out of his 1992 Toyota Corona, he asked the Accident Compensation Corporation to help to pay for a vehicle with easier access.

An ACC assessor concluded Mr Carbin needed an automatic drive car with features including power steering, a minimum driver's seat height of 600mm, preferably a powered seat adjustor, and space for his three teenage children, with whom he had regular contact.

Various cars were short-listed, the cheapest being $16,000, a 2002 Honda.

Mr Carbin found Corolla sedans - the cheapest was $23,995 - would best meet his needs.

But cheaper cars were assessed after ACC suggested - and later confirmed - a limit of $15,000 minus the trade-in value of Mr Carbin's Corona.

He had travelled 377,000km in his vehicle and it was estimated to be worth $1000.

The ACC also stipulated the vehicle should be no more than 10 years old and could have up to 100,000km on the clock.

But Judge Beattie quashed the decisions of ACC and a reviewer. He said a 10-year-old car would not have enough life left in it, and so would not meet the requirement in ACC legislation to be cost-effective for the corporation.

While ACC "may well consider" it had a policy of helping pay for vehicles up to 10 years old, this did not necessarily meet its statutory obligation to contribute to transport for independence, he ruled.

Because the cars considered for Mr Carbin were priced more than two years ago, new costings were needed, the judge said.

"It is also the case that in matters of this nature, the court can adopt an inquisitorial role", he said.

"In so doing, I can indicate that on the website of Trade Me under the category of Toyota Corolla Sedan 2007-2008, there are a substantial number of vehicles for sale, all with considerably less than 100,000km on the odometer for $20,000 or less."

Judge Beattie ordered that an assessor be appointed to identify suitable Corolla sedans no older than five and a half years.

ACC must pay the full price minus the sale proceeds of Mr Carbin's Corona.

A spokesman for Mr Carbin told the Herald he was frustrated by how long the process had taken. A new assessment had been done, but the report had not been produced.

An ACC spokeswoman said, "While [Mr Carbin] was waiting for his vehicle funding, he had continued to be supported by ACC and he has been receiving various entitlements ..."

ACC says it contributed to buying cars for 223 people in the last financial year, spending an average of $27,659 on each claim.

Some seriously injured clients needed a vehicle bought and then significantly altered so they could drive it from a wheelchair.