Crash changed my life forever, victim says

A woman claiming $250,000 in reparation following a nose-to-tail accident which caused her whiplash told an Auckland court yesterday her life had been changed forever.

But Judge Charles Blackie told the Auckland District Court he had to impose a sentence that reflected culpability rather than the outcome of an offence.

He ordered John Walter Andrews, the man charged with causing the woman's injuries because of careless driving, to pay $3000 and made him apologise to her in open court.

The woman, who cannot be named because of court orders, was tearful and said she just wanted to let the court know her life had been changed because of the accident in Newmarket with Andrews on February 9 last year.

The court heard Andrews drove into the back of the woman's car, shunting it into another vehicle in front of a motorway near Newmarket.

The woman said Andrews, a 58-year-old building contractor, had shown no remorse for what had happened.

"After the accident he told me these things happen everyday."

She said she suffered headaches and forgot things because of the concussion. 

She and her husband had wanted to try for a baby but had to put their plans on hold.

Judge Blackie said he was provided with a detailed victim impact statement which included figures which were "quite high" for reparation.

The Herald understands $250,000 was sought.

Judge Blackie ordered Andrews to pay the $3000 after the court was told the parties had come to an agreement.

The woman said she was was still taking valium.

She had difficulty getting out of bed in the morning and could not walk properly.

"I have a masters in business administration and I can't spell."

Andrews' lawyer Peter Winters said his client did not realise the extent of the injuries he had caused when he hit the woman's car. He said Andrews had a "sense of humour which took a little bit of getting used to".

The woman's claim had caused his client, who was suffering medical difficulties unrelated to the accident, extreme stress. Judge Blackie said he was concerned the victim felt she had never received an apology or felt Andrews was remorseful.

He told Andrews an apology in open court with her present may go some way to improving the situation.

"I apologised to her at the scene of the accident," Andrews said.

Judge Blackie said he was asking for an apology in open court.

"I apologise for the accident on the motorway last year.

"I'm sorry it happened ... it was an accident," Andrews said as his face reddened. "What about the degree of suffering ... are you going to apologise for that?" Judge Blackie asked.

"I apologise for the degree of suffering that you have had to put up with to date," Andrews said.

In handing down his sentence, Judge Blackie said the court had been given medical records which showed the woman would suffer the effects of the accident well into the future - "what amounts to almost a permanent disability."

He said the court could not impose a sentence which reflected the outcome of a crime.

If it did, the sentence available would be much harsher than the maximum three months in prison available for careless driving causing injury.

"You did apologise but I got the impression it wasn't quite as genuine as I would have hoped," Judge Blackie.

He disqualified Andrews from driving for six months.

Andrews also faced an unrelated drink driving charge of driving with excess breath alcohol of 526 micrograms of alcohol per litre of breath.

Judge Blackie disqualified him for driving for eight months, fined him $500 and ordered him to pay court costs of $130 on that charge.