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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:
spingly · 27/12/2019 21:14

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.

And how exactly did the police know how to contact you, did they send the SAS round?

hobnobsaremyfavourite · 27/12/2019 21:14

Blimey

spingly · 27/12/2019 21:18

@YoureAQuizardHarry did you go large on your Maccy Ds misses point of thread!

HildaRumpole · 27/12/2019 21:20

I hate the way MN responds to threads like this. You can bet your bottom dollar if they were the one who had suffered injury as a result of someone’s bad driving they’d want someone to blame.

You can bring a claim against his car insurance, you’ll be able to find a local solicitor who’ll do it no win no fee. You’ll have to prove though, unless he admits it (confess not RTWT)

DoesntLeftoverTurkeySoupDragOn · 27/12/2019 21:23

And how exactly did the police know how to contact you

Because she exchanged details with the driver? Just a thought.

Fr0g · 27/12/2019 21:25

you "felt something snap" couldn't be arsed to go to A&E, so now it's his fault that your leg hurts?

spingly · 27/12/2019 21:27

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DoesntLeftoverTurkeySoupDragOn · 27/12/2019 21:31

You are obliged to report a car accident to the police. He caused the OP to fall over thus he informed the police. Just a thought [passive aggressive smiley face]

DoesntLeftoverTurkeySoupDragOn · 27/12/2019 21:32

Don't get me wrong, the OP's whole story is like Swiss Cheese but not for the reasons you're coming up with.

spingly · 27/12/2019 21:35

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MintyMabel · 27/12/2019 22:08

No doctors are open over Christmas and those that are on call aren’t going to be worried about ops knee

Normal working hours here apart from Christmas and Boxing Day.

Todaythiscouldbe · 27/12/2019 22:18

This is not 'a police matter'. The driver, presumably, reported the incident under the terms of his insurance. The police are unlikely to take it any further, what did they actually say when they contacted you?

VanGoghsDog · 27/12/2019 22:23

Even if there are as a claim, the OP's own actions were contributory.

She was walking so closely behind a car, in a car park, in the dark, that when it went to move she had to get out of the way. She claims he reversed "at speed", this seems unlikely. She claims his speed meant he dented his bumper on the kerb - that is one high kerb. If the kerb is as high as a bumper......where exactly was the OP walking? How did she scramble up the verge - she would have had to climb up this eighteen inch high kerb, no?
Also, actually, where were the dogs when this happened?
How come the driver spoke to her? By her own admission he can't have seen her, and surely after his brief spurt backwards he just moved to the right gear and drove off?
But luckily he did see her, admittedly liability and gave her his insurance details - happy days!

But, anyway, clearly the course of action is to take medical advice and call the insurer. And I agree it sounds like a snapped anterior cruciate ligament.

Mrshue · 27/12/2019 22:57

@Ffsseriously. friend of mine did the exact same thing. Fell off her horse. Went to hospital. They sid an X-ray and said all was fine. She spent 11 years having physio etc. Couldn’t work it out

Went to a specialist. She’d broken her back and no one saw it on the original X-ray! 11 years!!!!! One small slip and boom. Paralysis.

She’s lucky as hell.

Mrshue · 27/12/2019 22:58

Also. Does no one remember the 3 or so people who have sued Mac Donald’s for their coffee spilling and burning them?

One of the won too!

VanGoghsDog · 27/12/2019 23:41

Does no one remember the 3 or so people who have sued Mac Donald’s for their coffee spilling and burning them?

That was in the US and also totally irrelevant to this case. The woman in the first case held the cup between her legs as she had got it at the drive through, and it spilt and burned her leg. The judge said it was reasonably foreseeable by MacDs that people who get coffee at a drive through might hold it between their legs. Hence they were liable

Jonb6 · 27/12/2019 23:42

*VanGoghsDog

Even if there are as a claim, the OP's own actions were contributory*

That really is absolute rubbish. Stick to fortune telling . . .

CareOfPunts · 28/12/2019 00:08

Ow I did that to my knee a few years ago, the pain was horrific and it was debilitating for a few days but it got better after that and was fine in a couple of weeks.

Sounds like the guy himself has been decent. It makes a difference.

Equanimitas · 28/12/2019 01:01

She was walking so closely behind a car, in a car park, in the dark, that when it went to move she had to get out of the way.

This is pure fiction, @VanGoghsDog. Nowhere does the description of the incident include the time of day, and you don't know how closely OP was walking behind the car. The car driver admitted that he thought he was in forward gear, and we know he hit a kerb in the course of the incident.

How come the driver spoke to her? By her own admission he can't have seen her, and surely after his brief spurt backwards he just moved to the right gear and drove off?

What admission? Fiction again. He'd hit something: he had a legal duty to stop in case he'd caused damage to someone's property. Maybe you would drive straight off, but not everyone is that irresponsible.

Equanimitas · 28/12/2019 01:09

I hate the way MN responds to threads like this. You can bet your bottom dollar if they were the one who had suffered injury as a result of someone’s bad driving they’d want someone to blame.

This.

I can never get an answer on these threads as to where all the people who claim to hate so-called "compensation culture" draw the line. If you point out that surely they would make a claim if, for instance, their child suffered a bad injury as a result of someone's negligent driving, they tend to say something like "That's different, that's really serious": but if you ask at what point "just an accident, suck it up" becomes serious enough to merit a claim, they never seem able to answer.

itswinetime · 28/12/2019 02:03

Just to clarify re the McDonald's coffee lawsuit
The details are here

www.google.co.uk/amp/s/www.vox.com/platform/amp/policy-and-politics/2016/12/16/13971482/mcdonalds-coffee-lawsuit-stella-liebeck

But basically a 70 year old women parked in the car park in the passenger side spilt coffee on her self, she didn't blame McDonald's for the spill but she did question the temperature that the coffee was served at. She originally only asked for her medical fees to be covered but when they refused she took them to Court they found hundreds of previous complaints about the temperature and injuries which had been ignored. Hence why she one. But why should the facts get in the way of a good story.

Mrshue · 28/12/2019 09:40

@VanGoghsDog. I know. But someone above said would you sue macdonalds if you spilt your coffee.....

I remember that case Of the drive through. After she did it. It set a precedent so they all came out the woodwork being America!

SourAndSnippy · 28/12/2019 09:43

itswimetime

There is an interesting podcast on the Macdonalds Hot Coffee case. SWINDLEDD*. I love that series and found that episode interesting.

LaMarschallin · 28/12/2019 10:45

I've found this thread really odd.
There was the initial post which some people (me included) were a bit scathing (really quite scathing, on my part) about, because it sounded like the OP was more fussed about getting compensation than getting her knee fixed.

Then the OP tells us that the circumstances are that there's been the biggest loss in the family (I assume that's a death) and asks about finding help for an adult sibling with Down's.
Also that MN are shutting the thread down as it's a police matter.

Well, I certainly felt like a bad person. As I've said, I would have still have thought the same (Why are you more worried about compensation than your health? And possibly thought it even more: Why, in the light of these awful things, are you worrying about compensation when there's a lot more urgent stuff going on?).
But I wouldn't have posted my thoughts if I'd known about those very sad things.

I'm still trying to take the poster at face value and (yes, I'm that over-invested*) have searched and noted she's got a posting history here, so is unlikely to be a troll.

But am I alone in thinking it's odd?

*Perhaps selfishly, because I admit I disliked being made to feel guilty by this sudden revelation by facts revealed quite some time later and which couldn't have been guessed at.

nononever · 28/12/2019 12:24

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