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Original poster

Broken rib - claim?

65 replies

deliakate · 05/08/2013 20:51

Just been to the dr today who suspects I have a broken rib. About six weeks ago, one of those mini-van people carrying things that they use in stations reversed out of a lift at Manchester picadilly and smacked into my side. I was standing trying to text my friend in an open, indoor area for pedestrians. I has 2 small kids with me, luckily I was hit before the pushchair could be.

So, the driver shouted at me for not looking (quite why i should look around me when standing still, inside..... well there was no reason.)I shouted at him for not looking before reversing out, at some speed. A bystander intervened and stood up for me, also gave me her address in case I was badly hurt.

The driver buggered off, and I stood there trying to get it together. Eventually he came back after dropping off the passengers and said I looked pale, was I ok. Still didn't apologise. To get rid of him, I said don't worry, I'm not going to report it.

Now I kind of want to, since I have been in pain, and doc suspects fracture. But I no longer have the bystanders address. Is it worth it? Should I stay out of the component culture? Thoughts?

OP posts:
CajaDeLaMemoria · 05/08/2013 21:23

Regardless of the moral decisions here, the legal stance is weak. It doesn't sound like you've lost anything, so a claim would almost certainly fail. While your ribs are broken, if you've only just had that diagnosed today, it's possible that it didn't happen during the incident and therefore no compensation is likely to be awarded. You also can't claim that it's too bad if you didn't have it checked out for 6 weeks.

Add in the lack of proof and you've got very little left to stand with.

I don't think it'd be worth a compensation claim, but I do think writing to the station could be a good idea, to alert them to what happened in the hope that they can stop it happening again. Even just "Vehicle reversing" signs around the area.

McNewPants2013 · 05/08/2013 21:25

The case wouldn't stand.

6 weeks is a long time, and anything could have happend. You could have been in a fight, fallen over and many other ways to explain a broken rib.

Then of course it wasn't put in an accident book or reported at the time.

I am not saying I don't believe you, as I do but thee other solicitors will do there job and as I can see it, it's your word against there's.

Mia4 · 05/08/2013 21:27

Sorry OP but you won't get anywhere with a claim, 2 days or a week after but 6 weeks? No, they can just say you did yourself at any point and are pressing a claim just to try it on now. You're not, but they'll still wing it that way.

You can report it but you'll find they just thank you for bringing to their attention, they won't accept liability or agree that it happened.

LittlePeaPod · 05/08/2013 21:28

Hi Op sorry to hear of your injury. Just wondering if maybe the injury could have been caused by something else? I believe rib injuries take between 4 and 6 weeks to heal and I wouldn't be surprised if the station didn't use this to defend against any potential liability claim. I hope you feel better soon..

Original poster
deliakate · 05/08/2013 21:28

Thanks caja. I know the law allows for claims for pain and inconvenience as well as lost money, so being a sahm, that would be my only grounds.

It's difficult to describe the situation without drawing a map, but blimey, how many people stand still in a station looking at things/ waiting around? Its not a road, so I don't routinely look out for motorised vehicles coming out of any available doorway. He was a menace!

OP posts:
Original poster
deliakate · 05/08/2013 21:30

Thank you little pea. The doctor wouldn't send me for an X-ray, so it's hard to tell on dates etc. it's ok, just feels like I don't want to breathe in too deeply, which is annoying.

OP posts:
candycoatedwaterdrops · 05/08/2013 21:35

You can break a rib in many ways, including coughing too hard! You don't have a legal leg to stand on.

littlemisswise · 05/08/2013 21:38

You'd have to have an X-ray to prove the rib was broken if you were to try to claim, although I don't think you'd get anywhere with a claim tbh.

CajaDeLaMemoria · 05/08/2013 21:39

Delia No worries. I hope it heals soon, by the way. It hurts - I break my ribs a lot!

Littlepea Is right, ribs usually heal within 4 to 6 weeks, so you may have damaged them more recently. An x-ray wouldn't really date it: if you have pain, a break would show, and they'd decide it'd been done in the last week or so. There is a cut-down on X-rays at the moment, bizarrely, which may be why you didn't get one.

My bones suck, so I have to have one: I've got broken ribs X-rays everywhere. I think I've broken just about every part of every rib!

Ice helps, if it gets really bad. Those head-cooling migraine strips are a life saver.

LittlePeaPod · 05/08/2013 21:40

And i assume that's the position the station would take. Text book (NHS guidelines) its been long enough for ribs to heal and therefore it must have occurred post the accident on our site. The burden of proof would then be in your / your solicitors court. Without medical evidence you are vey unlikely to win any compensation. Had the broken rib been identified at the time and reported then you would have had a case for personal injury. There is no requirement for financial lose when a personal injury is made for compensation to be paid. Plus ambulance chasing solicitors (no win no fee solicitors) are less likely to take cases that aren't guaranteed some financial result since the Ministry of Justice reforms went live on 31 July 2013. I work in the industry advising corporate clients (like the station) on insurable / non insurable risks and on he other side insurers themselves.

jacks365 · 05/08/2013 21:44

I do know the station and saw one of those stupis vans narrowly miss someone 2 weeks ago (last time I was there) the driver really seemed to expect everyone to jump out of his way. Legally you wouldn't stand a chance claiming but I would make a complaint to the station manager then hopefully the guy might start taking some care. Hope you recover quickly

whois · 05/08/2013 21:50

Can't believe you're getting shit for not being observe t! When I'm standing still in a pedestrianised zone I'm not constant alert for reversing mini-trucks and I call bull shot on those who would be!

It is totally not your fault OP and you probably would have had a claim of you had logged it at the time. Not site how you would fare now.

VelvetSpoon · 05/08/2013 22:00

The lack of contemporaneous record (accident book entry or similar), combined with the time lapse since the date of the accident and your delayed presentation at GP would make this a difficult claim to prove.

Even if you could prove the accident happened and you sustained an injury (which is questionable), you'd be looking at psla (pain, suffering and loss of amenity) damages of a couple of thousand max. Less if contributory negligence was argued (that the accident was partly your fault, which would reduce the amount of damages payable.

Most law firms are cutting back massively on taking on these types of claims since the recent reforms, given the difficulty in proving liability and loss, plus the relatively minor amounts involved, I suspect not many firms would be interested in taking it on.

RaRayRay1 · 05/08/2013 22:02

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Floggingmolly · 05/08/2013 22:41

and now to find out I actually was injured... If it took six weeks for that fact to filter through to you, it wasn't anything to be compensated for. Besides, as has been pointed out already, you have to demonstrate some actual monetary loss which needs to be recompensed, which you obviously didn't experience. Forget it.

Floggingmolly · 05/08/2013 22:44

No wonder this country's in the state it's in, RaRay Hmm
An injury that wasn't even noticed should be laughed out of court in an attempted claim for compensation.

Whatwhatwhat · 05/08/2013 22:49

How much would you be prepared to pay for legal advice/reports/medical examinations to institute your claim OP?
Or would you only be interested if a law firm bank rolled it on a no foal no fee basis?

Whatwhatwhat · 05/08/2013 22:53

Also meant to ask - what do you think your claim would be worth?
Curious....

frogwatcher42 · 05/08/2013 22:58

Why would you claim when you are not seriously hurt? Surely that is taking the piss and being greedy and grasping. Not at all good for us as a country to go down the route of everybody claiming for everything they can. Accidents happen and you weren't badly hurt. Be thankful.

MissDuke · 05/08/2013 23:01

Just want to say op I cannot believe people think you were partly responsible!! You were not! Hope you feel better soon!

Nibledbyducks · 05/08/2013 23:36

Regardless of any compensation claim I thin you should contact the station and make a report, it sounds like a massive health and safety issue to me, what if somebody blind or partially sighted is there next time?

I'm not up to date on health and safety at the moment, but even 15 years ago when I was this incident would have meant a lot of form filling and discussion.

TheProsAndConsOfHitchhiking · 05/08/2013 23:47

You were stood texting? Not looking what was going on around you in a busy place? Where there is blame there is a claim? I think the driver should be looking at compensation from you for not paying attention.
And have you been to a & e? X-ray? If your gp thought you had a broken rib then obviously you have had an X-ray and have been treated for it?

kreecherlivesupstairs · 06/08/2013 00:34

I thought the no blame shysters representatives only stood outside ASDA trying to entice people to claim. Shame on you Ray.
OP, I think you are on a hiding to nothing. One of the refreshing things about living in forrin is the lack of a blame culture.

melbie · 06/08/2013 01:15

You probably could claim but this stuff really annoys me. It was an ACCIDENT. You have had some pain in your chest. You did not even go to the doctor until 6 weeks later so you clearly have been coping. What "loss" exactly do you require compensation for?
No wonder insurance costs are so high

AmIthatHot · 06/08/2013 01:33

Wow RaRayRay. You can make a judgement of negligence based on a post on MN

Who needs court or case law Hmm

OP by all means raise it with them to ensure it doesn't happen again, but compo for "pain and inconvenience". Sad

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