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Original poster

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:
Scarsthelot · 27/12/2019 07:40

Sensible not deniseBlush

Soontobe60 · 27/12/2019 07:44

You'll have a hard job trying to claim for anything as you've not even been to have your leg checked out! As the car park is usually on private land, that also makes it harder to make a claim against a driver.
You certainly haven't dislocated anything, as you'd be in excruciating pain and would have needed an ambulance at the time of the ACCIDENT.

BFPhopeful2019 · 27/12/2019 07:44

I think the issue with claiming is, he didn’t hit you...it is your actions which caused the injuries (I.e. jumping on the verge and slipping). Although I completely understand why you took this action (and avoided a worse accident), that would be my thoughts on it (coming from an ex-PI lawyer). If you want to claim, maybe call someone like the national accident helpline or Irwin Mitchell who might be able to help further, but like I said, that would be my thought process as a defendant so expect that if you claim, that will be raised and is likely to be a successful defence.

On another note, please go get seen to at A&E. it sounds like a really nasty injury!

WhenOneDoorClosesAnotherOpens · 27/12/2019 07:47

Claim for what exactly?

Nannewnannew · 27/12/2019 07:48

As a pp mentioned, you won’t be able to make a claim if you haven’t got evidence that you have suffered pain/injury. Insurance companies write to GPs and hospitals to ask for a copy of medical notes so unless you do this you won’t have a leg to stand on! Sorry!!
Seriously though, you do need to have your knee and leg looked at because if you have that amount of swelling and bruising you could well have a DVT or even develop compartment syndrome.
If you think going to A&E is too much hassle then I’m not sure how you will cope with making a claim against the driver.

selavy · 27/12/2019 07:49

People like you are the reason why the rest of us gets ripped off when we take out insurance Biscuit

OnlyLittleMissOrganised · 27/12/2019 07:49

Judge Judy would say if it was serious enough to claim you would have been seen by a dr straight away. An insurance company would want to see medical evidence of your injury anyway. Also how do you know you haven't done more damage to your leg by walking on it and using it. Thus the insurance company and medical professionals will not be able to ascertain which damage was caused by the accident and which you caused after the fact. And that's even if you went now.

Rottnest · 27/12/2019 07:52

Are you in America

ivykaty44 · 27/12/2019 07:53

Selavy nice bit of victim blaming going on there, how about blaming the instigator of the event

JonSlow · 27/12/2019 07:54

The crux of the matter is that he didn’t hit you. Stop trying to get compo for nothing.

ShivD · 27/12/2019 07:54

How do you reverse in the wrong gear?

(Totally missing the point here, sorry!)

Babynut1 · 27/12/2019 07:55

I would go to A&E now. Contact McDonald’s and see if they can get the guys details. Put a
Claim in. I’m not one for claiming for nothing and hate the compensation culture. However you have no idea how this will affect you in the future.
I had a car accident when I was 18. Someone hit me from behind. I got paid out £3300 but the problems I’m having 20 years on are awful. My neck and shoulder are arthritic. I’ve spent a fortune on private physio over the years.
I’m not sure if you can claim as he didn’t actually hit you but he caused this so it’s worth pursuing.

Finfintytint · 27/12/2019 07:57

You need to go to A and E.
It is an injury RTC if it’s happened on a road or a place that the public have access ( car park). Doesn’t matter that no contact took place.
The driver should be reporting it to police as should you. He’s complied at the time by giving you his details and insurance.
The important thing is you get your leg seen to first.

Radardodgingninga · 27/12/2019 07:57

So you want to sue someone for not hitting you with his car? To get money for an accident that (thanks to your quick reactions) didn’t happen?

That seems mad to me but I hope your leg feels better soon.

ivykaty44 · 27/12/2019 07:57

Babybut the op already has the drivers insurance details... driver gave them to OP when he apologised for his driving

BelfastNonBlonde · 27/12/2019 07:58

Why on earth have you not gone to the hospital already - if you think you have w dislocated knee?!
Surely if you were thinking of claiming you would need an immediate medical report - and also to mitigate any damage done by getting bloody treated!

As for whether you can claim - I don’t know. If you are actually badly injured, and incapacitated such that you can’t work and your earnings are affected etc it’s worth a try. But if I was an insurance company I’d be strongly arguing that you obviously weren’t injured enough to feel the need to go to a dr for a few days..

KatherineJaneway · 27/12/2019 07:58

Claim for what?

BaubleWobbler · 27/12/2019 07:59

If you wanted to claim (ridiculous), you should have gone to A&E immediately. It could be argued now that you have made yourself worse by not seeking medical attention or that you can't be in much pain 🤷🏼‍♀️

CheshireSplat · 27/12/2019 08:02

I'm not sure I agree with the consensus here.

  1. The driver admitted he had made a mistake- sorry I thought I was in drive not reverse. Sp he's potentially failed in his duty of care to another road user.
  2. He gave OP his insurance details, so he's obviously thinking there was a problem.
  3. OP was hurt by his action. For those saying she wasn't hit, of course she was right to take action to jump out of the way.
  4. The problem OP has is she has no independent evidence of the injury. So she needs this from a dr.
BrokenWing · 27/12/2019 08:04

First thing you do is get yourself medical treatment if necessary.

If you are seriously injured and the injury has a significant longterm impact on your health or results in financial loss (for example you can't work for weeks and don't get paid sick pay), you should claim.

A sore knee that doesn't need medical treatment, eh no.

StylishMummy · 27/12/2019 08:05

The insurance company would laugh in your face, as would the ombudsman. There was no impact so you can't claim

Finfintytint · 27/12/2019 08:06

Rubbish Stylishmummy.

RoonyTunes · 27/12/2019 08:06

Claim based on what? He didn't hit you, there is no liability. Yes it's a pain and I am sorry you are hurt but there is no legal basis for any claim.

Creameggcountdown · 27/12/2019 08:07

@YoureAQuizardHarry
Why are you on here talking about a claim instead of getting your leg checked?

ivykaty44 · 27/12/2019 08:09

Where is it written that an incident needs to have contact for another person to have been at fault?

Find it really interesting that a driver made an error
Acknowledged the error had caused another person to fall, gave there details and insurance

But the consensus is that the driver is innocent if any wrong doing

And the victim is a grabby fucker

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