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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
BFPhopeful2019 · 27/12/2019 08:10

Just to clear up, you don’t need any medical evidence at this stage (though a trip to A&E would have shown the exact extent of your injury at the time and as PP have said, by not resting etc you could (and most likely have) made it worst). You get get medical evidence later.

To be extra clear, as an ex PI lawyer, it is your actions that have caused this injury (jumping on the verge and slipping), not the driver of the car. Arguably your actions and the resulting slip and fall were jnforeseeable and too remote to meet the rest for negligence. You may find a firm to take up this case but be ready for a battle as I would not have settled a case like this, I’d have gone to Court to defend it in full. Even a few years down the line, I’m confident I could win it for an insurer.

Like I said before, try the firms mentioned above and see how you get on. Otherwise maybe try a small, local firm to you, but be ready for a fight.

leckford · 27/12/2019 08:11

Book a trip to a physio, they can usually sort something like this

DoesntLeftoverTurkeySoupDragOn · 27/12/2019 08:12

it definitely dislocated and I felt a snapping

And yet you didn't go to A&E? Seriously?

what the hell do I do with this leg?

Er... get medical attention?

As for the insurance, contact his insurer and see what happens. There is a chance you will need to pay for physio (hence financial loss).

Petrichor11 · 27/12/2019 08:12

YABU for thinking of compo when you haven’t even been bothered to seek medical attention

Finfintytint · 27/12/2019 08:13

God, there’s some crappy advice on this thread.

BFPhopeful2019 · 27/12/2019 08:15

Just seen typos in my previous post....too early post Christmas! Haha

Unforeseeable (Not jnforeseeable) and test for negligence (not rest).

Like I said, just trying to give you an insight as to how the thought processes will work for a defendant point of view (ie the insurance company).

You would have 3 years from the date of incident to issue legal proceedings so don’t panic that you have to deal with this immediately (though the sooner you get your ducks in a row (CCTV etc) the better).

Aliceinunderland · 27/12/2019 08:15

Ah OK, that makes more sense. If you suffer any financial losses you may be able to claim on his insurance but you'd need the cctv from the car park as I suspect the other driver's version may change significantly if you do make a claim.

ArranUpsideDown · 27/12/2019 08:16

You heard/felt a snap - so to echo everyone else you need a medical examination. If you're young enough to benefit from a ligament repair (if that's the problem) then you need it recognised and fixed quickly.

MrsAgassi · 27/12/2019 08:16

You will have a hard time convincing an insurer that the injury is severe when three days after it happened your priority is still making a main rather than getting it looked at.

Scarsthelot · 27/12/2019 08:17

I dont think anyone has said the man is innocent. But I do suspect OP is exaggerated because she wants to make a claim.

How can she say her leg is definitely dislocated, not sought medical help and still hobbling round?

Notajogger · 27/12/2019 08:17

YABU for thinking of compo when you haven’t even been bothered to seek medical attention
This ^
Wouldn't even occur to me to think about "claiming"!

Ijustwanttoretire · 27/12/2019 08:19

He didn't hit you so the insurance will chuck it straight out - added to the fact that you didn't go to a&e - and they will check. Don't waste your time. However I would go to a&e now.

Scarsthelot · 27/12/2019 08:20

I also dont believe he thought we was in drive.

If OP was near a grass verge, he must have reversed at least 11 feet to get near her. He really didn't realise he was in reverse for 11 feet?
He must have reversed from one parking spot to another.

CallmeAngelina · 27/12/2019 08:21

Yes, get it seen to, ASAP, for your own comfort as much as nothing else (potential evidence).
Were there any independent witnesses?
If you were taking dogs for a wee in a car park, then that is similar to "walking" them, really, as intent is not relevant. Doesn't matter if you were aiming for a grassy patch for them to pee or the nearby lark for a runaround. One doesn't expect to see dogs in a car park.
How did he damage his bumper by hitting a kerb?

DoesntLeftoverTurkeySoupDragOn · 27/12/2019 08:22

One doesn't expect to see dogs in a car park.

So? Presumably you expect to see people.

Ijustwanttoretire · 27/12/2019 08:23

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

The consensus of MN is irrelevant - but if the driver didn't hit her, regardless of why she jumped out the way, the insurance company won't deem it his fault.

OpportunityKnocks · 27/12/2019 08:23

Maybe concentrate on your medical needs and get seen to before talking about claiming?

Did the impact affect your eyesight too? Because all you seem to see is dollar signs

MissRabbitNeedsAHoliday · 27/12/2019 08:23

You need to get medical attention before worrying about a claim. You wont be able to claim without seeking medical assistance anyway, you would need proof of injury.

FrancisCrawford · 27/12/2019 08:24

This reply has been deleted

Message withdrawn at poster's request.

ProngstheStag · 27/12/2019 08:26

Why do you need money because you hurt your leg?

Maybe take a photo of you looking sad. Pull your best compo face and send your story to the local paper. That's the usual type of crap I read.

Dollymixture22 · 27/12/2019 08:29

are you in a country we’re medical treatment is charged for?

Is the issue that you can’t afford the treatment unless you claim of someone’s insurance?

DoesntLeftoverTurkeySoupDragOn · 27/12/2019 08:30

are you in a country we’re medical treatment is charged for?

She might need to pay for physio. If she ever seeks medical attention.

SourAndSnippy · 27/12/2019 08:31

I'm surprised the driver agreed to give his details to you? He must be anticipating you making a claim.

Villageidiots · 27/12/2019 08:37

Are the dogs ok? Hopefully their reactions were good enough to leap out of the way too?

DickDewy · 27/12/2019 08:41

Your first instinct is to make a financial claim? I loathe this mindset. He didn’t hit you, you didn’t seek medical attention. You’re just being ridiculous.

Get it looked at if it’s bothering you. You don’t need to claim to do this.

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