Richard Neville feels he hasn't been given a fair voice since surviving a shooting in 2009.

After being used as a 'human shield' in a fatal shootout on a city motorway, Richard Neville is suing police for $1.4 million.

On the day he was caught in police crossfire, Richard Neville lost his hearing, some of the feeling in his face and hands, and his ability to do the job he loves.

Now he realises he's lost something else too: his faith in the New Zealand police. This month, after rejecting an offer of $5000 that he regards as derisory, he's taking police to court to demand compensation.

Peter Meecham / Fairfax NZ The lives of Richard Neville, his wife Donna and his two sons have changed tragically since he was injured during a police shoot-out.

Neville, 46, was on Auckland's northwestern motorway on January 23 2009 when a man carrying a sawn-off rifle leapt onto the back of his truck. Stephen McDonald, high on drugs, had been stealing cars at gunpoint and shooting at police for almost an hour. When armed policemen ended the chase by opening fire they accidentally killed a passing courier driver, Halatau Naitoko, and injured Neville.

At Auckland High Court next week, lawyers Nicholas Taylor and Charl Hirschfeld will argue Neville has a right to sue police for compensation for breaching his civil rights. They accuse of police gross negligence.

A police spokesman confirmed Neville had filed a claim in court and said the police denied liability and would seek to have the case struck out.

SUPPLIED Halatau Naitoko (pictured with is baby daughter) who was shot dead by armed police in the 2009 incident that left Richard Neville injured.

Neville has suffered for six years. He wears two hearing aids. Pain from the bullet fragments left in his body stop him sleeping without medication, and he suffers nightmares. He has received counselling for mental trauma. His left arm and wrist are weak. He has numbness in one ear, parts of his face and some of his fingers.

His injuries stalled his career as a blacksmith as he could no longer hold the tools. He now works one day a week at Motat museum as a demonstrator. His wife Donna, who works for Kiwibank, has "shouldered the burden".

Neville wants compensation, but this isn't just about money. He disputes the police's version of events on the day, including where the armed officer who injured him was standing. He is unhappy the officer has never met him or apologised. He is unhappy he was never interviewed for the Independent Police Complaints Authority (IPCA) inquiry.

It is understood Neville originally sought $1.4 million, but amended this to $600,000 when police entered negotiations to settle. A recent police offer to settle for $5000 was rejected.

Neville's case partly relies on a 2012 ruling by the IPCA that although the police didn't break the law, their shooting was inaccurate and unsafe.

His lawyers will argue the officer who fired the bullet that shattered a truck window and injured Neville was acting with blatant disregard for Neville's safety. The officer should also have realised the soft-nosed bullet would disintegrate when it hit glass.

They will argue the officers had a responsibility to ensure the line of fire was clear when shots were fired – instead they used Neville as "a human shield".

According to the Crown's affidavit, police will counter that Neville's injuries were accidental. It was an emergency situation and the armed offender was putting the public at risk. The Crown says the harm suffered by Neville should be the responsibility of ACC.

Neville's injuries plague him daily. Bullet fragments have lodged close to nerves making removal too risky.

"I have had surgeons, pain specialists and psychologists try to help me find solutions, but none have made any real difference. I suffer minute by minute with chronic pain."

Donna Neville says they have gone through hell. "I've seen my husband in tears many times. Life has been so hard – such a challenge".

She says doctors tell her the stress may even have hindered her dream of having a baby. The couple have tried for three years to have a child together. Neville has two sons from a previous partner.

Donna says police paid some money after confiscating Neville's vehicle for police evidence, plus some cash to help them meet bills at first when he couldn't work. But they had had to "fight" even for this.

The family of Halatau Naitoko have received compensation from police totalling $225,000.

65 SECONDS OF HELL

It was 65 seconds that changed Richard Neville's life forever.

"I thought I was going to die. I drove into a gun fight and I didn't expect to get out. I was absolutely terrified," he says, fighting back tears.

He explained how that terrible minute unfolded.

He was driving his truck to a job when McDonald, carrying a rifle, tried to get in the passenger door while the truck was moving. Neville then found himself surrounded by gun-weilding police in helmets and black balaclavas.

McDonald jumped onto the back of the truck and Neville braked heavily. He saw McDonald crouch down to take cover, then saw an officer raise a gun towards where he was sitting in the truck cab. An officer shouted and then a bullet was fired, smashing the windscreen and bursting Neville's eardrums. Still trying to stop his truck, Neville raised one arm to protect his face, but he was still sprayed with shrapnel and glass.

"I was conscious through the whole experience. I remember ... it causing a burning sensation. The force made my head rock backwards."

Then came more shots in quick succession. Though dazed, Neville got out of his truck and ducked down by a nearby car.

"I didn't want to be shot again".

The next day he received flowers from then-Police minister Judith Collins. A handwritten note read: "I am extremely sorry that you have been caught up, through no fault of your own, in the tragic situation that unfolded on Friday. Please accept these flowers as a token of respect."