A teenager believes he has been let down by authorities following an accident in rural Western Australia that has left him in limbo and his family forced to sell their farm.
Adam Andrijasevic hopped into the back of a farm firefighting unit driven by one of his unlicensed mates on September 9, 2020.
The group of 16-year-olds were driving through Great Southern farmland between Tenterden and Kendenup – about 350km south-east of Perth – when they surged through a large puddle.
As the ute hit the pothole, Adam bounced out of the tray.
Photos and x-rays showed the teenager sustained serious pelvic and head injuries, with internal bleeding and bruising.
He said he had struggled to sit, stand, walk or lift anything following the crash, which he claimed had significantly diminished his quality of life.
Adam said what was supposed to be the prime of his life had been ruined due to one "silly" mistake.
Two years on from the accident, the Kendenup teenager acknowledged he should never have been in the back of the ute, but claimed his case had been "horribly handled" by the authorities.
Police made wrong assessment
Adam said it took police more than a year to press any charges and he felt like he had been let down.
His mother Helen claimed that upon reporting the matter to police, she was allegedly told it was not a police matter.
Ms Andrijasevic alleged police spoke to her with a lack of empathy and compassion.
She said they asked: "What do you want me to do about it?" and "pressing charges will ruin [the driver's] life".
Ms Andrijasevic said she felt helpless after her interaction with police.
A spokesperson for WA Police said the force acknowledged the initial crash scene assessment undertaken by police had resulted in an incorrect determination being made.
Police had originally listed the crash as occurring on private property, which meant they were not required to investigate.
However, the incident occurred on a public road and did require a police investigation.
"Upon being made aware of the concerns of the injured person's family regarding the track classification decision, an inspector sought formal legal advice regarding the section of track," a police spokesperson said.
"The result of that legal advice, which took time to obtain, confirmed the location was to be deemed a 'public road' and therefore a crash investigation was commenced."
Shire investigates
There appeared to be initial confusion over whether the road was on private or public property because the farm owners had allegedly installed a gate without approvals.
Emails seen by the ABC showed the Shire of Cranbrook admitted it had "no record of a request to install a gate".
The local government refused to confirm whether the road was illegally gazetted or what penalties, if any, may apply.
"This is an ongoing investigation and as such the Shire of Cranbrook is unable to comment at this point in time," acting chief executive Belinda Knight said.
Police also said the delay in their investigation was because the incident was only reported to police "weeks" after the crash.
Ms Andrijasevic said when the crash occurred, her main concern was accompanying her son to the hospital.
She said she only followed up with police when her son had been discharged, and had expected the crash would have been reported by the father of the driver, ambulance officers or the triple 0 caller.
Driver charged over incident
The teenage driver, who can't be named because they were under 18 at the time of the offence, was eventually charged by police.
They had their licence cancelled for three months after appearing in Albany Children's Court 15 months after the crash.
Adam said he felt like the punishment was a slap on the wrist considering he was left to live with lifelong injuries.
"My life in a sense is kind of over, I can't get the job I wanted, I can't do the things I wanted," he said.
He said he even struggled to lift a kettle to make himself a coffee, and had hit some extreme lows.
Ms Andrijasevic also struggled with her mental health after feeling as though her family had been shunned by the small town for wanting charges laid against the driver.
Becoming stuck in red tape
Although it has been more than two years since the crash, Adam said his claim for assistance to help with ongoing medical bills and rehabilitation had not been approved through the Insurance Commission of WA.
A commission spokesperson said it could not provide commentary on the specific claim, but said only registered cars were covered by the insurance regardless of whether incidents happened on public or private land.
"An unregistered car [therefore not covered by compulsory third party insurance] causing injury on private land is not covered," the spokesperson said.
"The injured person would need to pursue costs from the driver at fault through private insurance [for example, liability insurance]."
The Andrijasevics said they were now selling their olive farm to help pay for their son's treatment.
Adam said his National Disability Insurance Scheme application for help had been rejected.
Farm inquiry
Adam also called for more accountability for children's safety on farms.
"You wouldn't let your worker do it [drive unlicensed] if they were unqualified so why would you let your child do it … it's putting your child's life at risk regardless of how much you've taught them," he said.
It comes amid an inquiry into farm deaths in Western Australia after more than a dozen workers were killed in under two years.
Agriculture Minister Alannah MacTiernan declined an interview, but issued a statement that acknowledged the complexity of farm safety.
"There is always a complex situation where farms are also places of residence. On family farms there will be many activities that are not directly part of the farming business," Ms MacTiernan said.
"These are issues that will be teased out in Commissioner Kavanagh's review."
Adam also had a road safety message.
"Wear your seatbelt, don't sit in the back of utes, don't speed. It comes down to common sense – should I be doing this?" he said.
"You shouldn't be stupid on the roads, think twice, always be on alert."
