In the tribunal’s July decision, which was released to the public yesterday, the driver, who is referred to only as MX, said he believed he had a seizure at the wheel.
He accepted he shouldn’t have been driving.
MX had suffered two seizures in the past 12 months and had not consistently taken his medication the week of the incident.
A Te Whatu Ora document provided to the tribunal confirmed that, during a visit to hospital prior to the crash, it was confirmed he had epilepsy.
The document stated that while he had discharged himself from hospital, before he left he was advised it was against the law to drive given his recent seizure history.
The decision did not detail how long after the hospital visit that the crash occurred.
It was argued by the insurance company of the late-model car owner that MX was negligent in getting behind the wheel because of his medical history and the warning against driving.
Tribunal adjudicator Kelly Johnson agreed.
She found MX had been negligent when driving, and had failed in his duty of care to other road users.
He has now been ordered to pay $20,493 to the insurance company.
The figure included $17,000 for vehicle damages, $2000 for a hire car and $900 for towage costs.
“I am satisfied that when MX made a decision to get behind the wheel of his car and drive on a public road, he was in breach of his duty of care and that a collision was reasonably foreseeable,” Johnson said.
“I am also satisfied that the other requirements of negligence have been fulfilled.”
MX had disputed the $20,000 claimed, stating he wasn’t given a chance to assess the damage and research alternative costs for the repairs.
The insurance company said the man was sent the information in March this year and responded confirming he had received the photos and assessment.
In his reply he disputed liability for the collision but did not request the opportunity to question the costs for the repairs, the decision stated.
“I am satisfied that if MX wanted to question the costs and arrange for his own assessment of the damage he had plenty of time to do so,” Johnson said.
She had seen photos of the damage and repair invoices and was satisfied the costs were justified.
Waka Kotahi’s website states if a person suffers a single seizure they are required to stop driving for 12 months.
According to the website, MX’s condition would be classed as “uncontrolled epilepsy” as he has had two seizures in the past 12 months and had missed his medication prior to the incident.
Hazel Osborne is an Open Justice reporter for NZME and is based in Te Whanganui-a-Tara, Wellington. She joined the Open Justice team at the beginning of 2022, previously working in Whakatāne as a court and crime reporter in the Eastern Bay of Plenty.
