A man shot during an armed confrontation between police and another man on the run on an Auckland motorway early in 2009 says he's been made to feel like a witness rather than a victim, a lawyer says.

Richard Neville is suing police for gross negligence and mental trauma following the incident on the northwestern motorway in January 2009 which took the life of innocent 17-year-old courier driver Halatau Naitoko.

Mr Naitoko was caught in the crossfire by a police marksman trying to shoot gunman Stephen Hohepa McDonald. A coroner's findings about his death following an inquest held last year has been reserved.

Mr Neville, a truck driver whose cab McDonald tried to enter, was injured by shrapnel from the shooting which left him with about 200 lead and copper fragments in his left arm and upper chest.

Mr Neville's lawyer Nicholas Taylor said today his client felt like he'd run out of options.

"It's been basically two years now since the incident occurred, more or less, and even though he's had many questions and many concerns about it, he's never received the explanation that he's required," Mr Taylor told Radio New Zealand.

"He also feels like the injuries that he suffered on that day are going to be ongoing now for basically the rest of his life."

Mr Taylor said the focus until now had understandably been on Mr Naitoko's death. Mr Neville had supported police actions against McDonald and was summoned as a witness to the inquest but had received little information from police.

"Basically he feels like he's always been treated as a witness by police rather than a victim," he said.

"The emphasis has of course been on the tragic death of the young courier driver, but there has been no real direct investigation as to why Mr Neville was shot. Obviously he still has a lot of unanswered questions in regard to that."

Mr Taylor said papers would be filed in the next two to three weeks, possibly once the coroner's report into Mr Naitoko's death had been released.

He said the case would not be a precedent setter.

"There are various other cases in the past that have been successful in taking action for gross negligence against the police that caused mental trauma, though it has to be outside the realm of ACC."

McDonald, who had been on a crime rampage at the time of the shooting, was jailed in 2009 for 13 years on 23 charges.

Police media relations manager Jon Neilson today said he would not comment on the case as it would soon be before the court.

- NZPA