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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To claim against this man?

334 replies

YoureAQuizardHarry · 27/12/2019 06:30

😩😭 Christmas Eve we were driving to mums and we stopped to get a McDonald’s Husband was inside ordering, I let both dogs out for a pee and as I walking in the car park someone reversed out of a space at speed so I jumped onto the grass slipped and landed with my left leg underneath me and I was sat on my knee, it definitely dislocated and I felt a snapping, it’s so tight and swollen.

It's got stiffer and stiffer over the 3 days, I can't put my foot on the floor fully as my calc is too tight, my back and upper side hurts because I'm walking like a weirdo.. everything hurts!

I should have gone to A&E but I really didn't want to, however now I regret it! I shouted at him from the floor covered in mud and god knows what, and he said 'sorry I thought it was in drive not reverse'

Is it his insurance or mine I claim on? Because I am hurt.

Also.. what the hell do I do with this leg? It's fucking useless! I can't bend it, I can't put my full weight on it, I can't straighten it fully, it's huge, I have tingly sensations on the opposite side to the swelling all the way down to my ankle, I have to walk upstairs with it kind of off the side and when I'm up and walking through the pain if I move in a funny way or try remotely to do anything exciting like a small bit of pivoting it feels like it's going to give way so I nearly fall over and jerk wildly grabbing at furniture.

It took me over an hour on Christmas Eve to get off the floor Blush

OP posts:
Ginger1982 · 27/12/2019 18:16

"I didn't go to hospital earlier because my family have just had the biggest loss ever, and I needed to coordinate funeral appointments and also arrange care for siblings who have mental and physical issues. I will never be posting on this site again. "

Drip, drip, drip...

WingingItSince1973 · 27/12/2019 18:31

OP so sorry for all you going through xxx

bespokepaininthearse · 27/12/2019 18:34

if he hadn't been in the wrong gear it wouldn't have happened.

How can he have been in the wrong gear if he was reversing?

iklboo · 27/12/2019 18:36

@bespokepaininthearse - apparently he was in an automatic & thought it was in drive.

bespokepaininthearse · 27/12/2019 18:39

Hmm just read the latest update, I'm sure if I had just had the biggest loss in my family every my first thought would be if I could claim off some bloke in Mac Donald's carpark 🤨

Cohle · 27/12/2019 19:05

A personal injury claim seems an odd thing to be worrying about given all you have going on in your family Hmm

Illcallbacklater · 27/12/2019 19:08

I'm not an expert just a student but you could go via negotiation, rather than through the courts. Your solicitors speak together on your behalf to reach a suitable settlement both parties are happy with, usually to cover any financial losses due to being able to work because of an injury.

An elderly lady who lived near my DPs accidentally accelerated instead of breaking and drove into a Dr's surgery and someone was injured getting out of the way and I believe she did get compensated but unsure what route they went down.

Sorry if I'm overstepping but are you just reeling from the loss you've suffered and looking to blame someone for something, and putting your focus on this because you are grieving? You need to contact adult social services and call 0333 1212 300 for the Down's Syndrome Helpline who will be able to advise you

lljkk · 27/12/2019 19:44

My biggest loss would be death of my child tbh, it depends on which child coz some are nicer than others I wonder if OP lost her daughter, & is talking about an adult grandchild with Downs.

Shame if thread goes down, I am curious what compensation OP will get wish we could fast forward to that part

nononever · 27/12/2019 19:57

Did you give the driver your contact details? Surprised he reported himself to the police if he didn't actually hit you.

NewName73 · 27/12/2019 20:03

MNHQ are taking their time about deleting this thread, considering it's now a Police Matter.

Alexis21 · 27/12/2019 20:28

This sort of thread always brings out the MN amateur lawyers who don't understand that it's not a valid defence to a claim for negligence causing accidental injury to say that "accidents happen", nor that you can get damages for pain and inconvenience. I don't understand people who are so confident that OP hasn't lost anything financially, given that at the very least her clothes were damaged and she may well have to take time off work.

As for the people saying there is no claim because he didn't hit OP: the rule is that you are liable for damage that is the reasonably foreseeable result of your negligence. If you reverse towards someone at speed it is reasonably foreseeable that they will have to take emergency evasive action which may well result in them falling and hurting themselves.

This 100%^^

muddypuddles12 · 27/12/2019 20:45

I'm sorry but how on EARTH is someone reversing in a car park and NOT ACTUALLY HITTING ANYONE, a "police matter"

AdobeWanKenobi · 27/12/2019 20:49

MNHQ are taking their time about deleting this thread, considering it's now a Police Matter

Maybe they have finally resolved to stop deleting shit because the OP doesn't like the responses. One can only hope.

Lunde · 27/12/2019 20:55

muddypuddles12 - I'm sorry but how on EARTH is someone reversing in a car park and NOT ACTUALLY HITTING ANYONE, a "police matter"

So if someone pulls out of a side road at high speed and forces you to swerve into the ditch you would not call the police because the car DID NOT ACTUALLY HIT ANYONE - really? Hmm Hmm

Seems unlikely ....

OP has suffered a major injury because of the negligence of someone else

Jonb6 · 27/12/2019 20:57

@YoureAQuizardHarry speak to adult social services re your relative Then speak to a PI lawyer, on the info you have given here you do have a very solid claim.

0DimSumMum0 · 27/12/2019 21:04

For what it's worth I think you have been treated really unfairly and the fact that the driver actually reported himself speaks volumes! You sound like you are in a real mess because of his dangerous driving! I hope your leg heals quickly OP Sad

itsbeenalongtime · 27/12/2019 21:06

How did a bumper make contact with a kerb??

LoveNote · 27/12/2019 21:08

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spingly · 27/12/2019 21:08

It can't be that bad if you couldn't be bothered to,go to a&e, I think people like you are called ambulance chasers?

LoveNote · 27/12/2019 21:09

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spingly · 27/12/2019 21:09

@Lunde what major injury?

Scarsthelot · 27/12/2019 21:11

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ElusiveOrangeTwirl · 27/12/2019 21:12

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spingly · 27/12/2019 21:13

I went to A&E this morning and they confirmed I've torn my Cruciate ligament and torn the meniscus. I had a phone call from the police this morning as the driver reported himself.

Of course he did, everyone who has a no contact injury would, wouldn't they? How did you fund this out OP?

notapizzaeater · 27/12/2019 21:14

For your relative you need to contact their local disabled social services team.

Sorry for your loss and injury.

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