'This is it, I'm taking you to your grave'
A WOMAN who had to jump out of a car travelling at 100km/h after her partner told her "I'm going to bury you alive" has been rejected for Victims of Crime compensation.
The reason given was her injuries were deemed to be the result of a motor vehicle accident and she should pursue for damages under a Compulsory Third Party claim.
Jacquelyn Donovan's hour-long ordeal leading up to jumping out of the car involved being driven through Rockhampton at up to 100km/h in 70km/h zones and in excess of 140km/h in 100km/h zones only to be pulled back by her hair with "some force", resulting in her getting a bloody nose.
She attempted to exit the vehicle when it stopped on the side of Yeppoon Rd, but the driver took off while her feet were just on the ground out of the vehicle, resulting in her feet being dragged along gravel, causing the skin to rip off.
"Don't think I haven't done it before. This is it, I'm taking you to your grave. You'd better say your f---ing prayers," the male told her.
After being denied Victims of Crime Queensland compensation, Miss Donovan, this month was granted leave to file a lawsuit against her insurer RACQ as the car was insured under her name, not through the driver, Russell Webber.
Documents filed with the Supreme Court in Rockhampton by Smith's Lawyers on behalf of Miss Donovan state Miss Donovan first filed for Victims of Crime compensation in January 2017 and received information six months later that her application would take 18 months to process.
The documents state Miss Donovan was advised in March 2019 that she was not eligible for Victims Assist as the incident was "a motor accident" and that she should pursue a Compulsory Third Party claim.
Smith's Lawyers principal Greg Smith said the firm was focused on assisting their client to ensure she receives fair and adequate compensation for the injuries sustained as a result of the 2016 incident caused by Russell Webber.
Webber was sentenced in Rockhampton Magistrates Court in October 2017 after pleading guilty to assault occasioning bodily harm, common assault, dangerous driving and driving disqualified.
He was sentenced to two years' jail and was to be released on parole on June 25, 2018.
Webber was disqualified from driving for three years and ordered to pay $1000 compensation.
The court heard Webber had picked up Miss Donovan from a West Rockhampton address between 5am and 6.30am on June 12, 2016.
Police prosecutor Julie Marsden said Webber drove dangerously, at great speeds, through Rockhampton and onto Yeppoon Rd where he pulled over and she attempted to flee, only to have her feet drag along gravel road and have skin ripped off her feet before she was able to pull herself back into the car.
Webber continued to Woodbury Rd, Bungundurra, where he threatened to bury her alive.
Ms Marsden said Miss Donovan "believed she had no other choice or other way to save herself but to jump out of the moving vehicle".
She hit the ground and managed to get herself to the nearest house for help. Webber drove off.
The court heard Miss Donovan sustained multiple injuries including abrasions to her forehead, flank, right shoulder, arm, wrist, knuckles, left arm, thighs and her feet.
A CT scan revealed she had permanent nerve damage and four bulging discs as a result of the jump.
In a statutory declaration filed in the Supreme Court this year, Miss Donovan states she was taken to Yeppoon and Rockhampton Hospitals for extensive treatment after the hour-long ordeal.
"Our team is committed to assisting Queenslanders to achieve compensatory justice to ensure they can move forward following a traumatic event or incident," Mr Smith said.
"We look forward to raising our client's matter in court."