If the ute driver was the ‘innocent’ driver, that is the driver who was not negligent and did not cause the accident and he sustained injuries in the original collision, then he is probably entitled to statutory benefits (compensation) associated with those injuries including treatment and income support (if he was still working and not retired). However, he would probably not be entitled to compensation for the injuries sustained in the assault because the assault is an independent action which breaks the chain of causation between accident and injury.
If the ute driver was the at fault driver of the original accident and is charged by the police with a culpable driving offence, then s 3.37 of the Motor Accident Injuries Act prevents him from recovering any statutory benefits (compensation) unless he is subsequently acquitted or the police discontinue proceedings brought against him.
If you or somebody you care about has been involved in an accident, you may be entitled to compensation. For more information, and to arrange a free, no obligation assessment of your claim, please call Stacks Goudkamp on 1800 251 800 or alternatively make an online enquiry.