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AIBU?

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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:
Timmythatyou · 27/12/2019 08:47

Are you American?
Go and get your leg seen to ASAP, call 111 if you don’t want to go to A&E they’ll set up a GP appt at your local hospital. Sounds like you need an X-ray

SantasGlitteryBalls · 27/12/2019 08:48

If it's dislocated don't you need to go to hospital so they can pop the joint back into place?

londonrach · 27/12/2019 08:49

Unless you lost something in money terms eg car been hit, dog hit so needed a vet, you not working you not get a penny. Why you asking about money when sensible thing is to go to a&e and get your leg seen too. Yaby re the claim thing.

midep · 27/12/2019 08:49

You may need a scan to diagnose a ruptured a ligament OP, which is likely if you heard a snap and have swelling. This is fairly urgent.

TheReef · 27/12/2019 08:50

How would you claim if him? He didn't hit you and it would end up being a lengthy court type thing. You can't claim off his car insurance (he didn't hit you), so it would be a personal claim and what's to say he's skint and could only pay you £1 a month Hmm plus what are you claiming for? Loss of earnings? Do you run your own business and can't do it now, so you not get paid sick from a job? I'm not sure what you want to claim for?

Plus do to your GP or ring 111. Not even sure it warrants a trip to a&e, it's hardly an emergency

Groovee · 27/12/2019 08:51

Why haven't you sought medical attention for your knee?

FilthyforFirth · 27/12/2019 08:51

How is claiming money from him going to help your leg? You sound secretly thrilled this happend as you are clearly, bizarely, seeing pound signs... Most grabby thread I have read in a while.

custardbear · 27/12/2019 08:52

Seek medical help.
If you feel so necessary to hurt him back the Speak to police non emergency to make sure he's a legitimate driver and gets a bit of a telling off for almost running someone over - it's probably just an accident though as I doubt he'd have stopped to give you insurance details

Whiskers14 · 27/12/2019 08:52

You might have had a claim if you'd gone straight to hospital but any insurance company worth its salt will argue that you continuing with your plans for three days indicates there can't have been any real damage in the first place, despite whatever the hospital might say subsequently, and that you could've actually injured yourself at any point during those three days and it had nothing to do with their driver. The time lapse will definitely work against you.

Amummyatlast · 27/12/2019 08:52

You do not need to show financial loss to bring a personal injury claim. You can claim for pain, suffering and loss of amenity.

RufusthebewiIderedreindeer · 27/12/2019 08:54

I agree with othrs that you need to go to Minor injuries or A&E as soon as possible

And then you can think about the claim, though if you don’t have cctv and the driver changes their story you might have to give up that idea

Where there any witnesses....by that i mean more the petrol station staff who may have seen you rather than other people in the carpark as you probably won’t be able to Trace them

jamdhanihash · 27/12/2019 08:56

Get to A&E immediately. You'll need plenty of medical evidence of the extent of your injuries. Compensation where I'm from is based on compensating for any loss of function therefore insurers pay based on the loss of function. We don't have punitive damages. But it is hard to claim successfully as the insurer will defend this as a matter of course. You could use a no win no fee lawyer, once you've been assessed and it's clear what your prognosis is, but talking about suing at this stage is batshit. How much would you accept anyway? It's a lottery as you don't know how injured you are and how much is reasonable. I do think it's sad you're thinking of money at this stage. Also, whilst your claim is remote, if the circumstances can show it was reasonably foreseeable that you'd jump and injure yourself, then you might be on to a claim (maybe)

MatildaTheCat · 27/12/2019 08:56

Firstly get medical attention and find out what you’ve actually done to your leg. Bruising will settle with no lasting impact. A ruptured ligament may require surgery and you may suffer financially and physically.

My DS was reversed into very, very briefly when a woman didn’t see him. His leg was squashed against his bumper for a second or two (so different but similar). He was checked out and no lasting damage but the insurance company contacted him (woman called herself) and offered him compensation within 48 hours. At this point the injury may have been more long lasting as he had some nerve impact. It was a full and final type offer.

So go to hospital and assess the damage. Contact the insurance company and inform them of all of this and then wait and see.

I hope you feel better soon.

TooleyVanDooley · 27/12/2019 08:57

Go to A&E, why are you even asking?

Why do people have so little common sense these days? How old are you?

Justwanttotravel · 27/12/2019 08:57

Just because she hasn’t gone to seek medical attention yet does not mean she isn’t injured! I’d want recompense for his stupidity too. People claim for whiplash, or slipping in water in a shop so what’s the difference???

NameChangeNugget · 27/12/2019 08:58

Seek legal advice, as per usual, there’s poor made up advice on here from people who aren’t solicitors and venting.
Hope your leg is ok, which has to be your priority

ivykaty44 · 27/12/2019 08:58

The consensus of MN is irrelevant

Unfortunately it isn’t irrelevant as when driver crashes come to court, many jury are of the same mind as MN and often will find a driver not guilty even when death has occurred, even when they’ve been driving in the wrong place, or without much needed glasses etc

turnthebiglightoff · 27/12/2019 09:02

What are you claiming for? All the time off work you've missed and not been paid for?

Chloemol · 27/12/2019 09:02

You need to go to a&e. If you think you have a claim against him speak to his insurance company. However in my opinion you are grabby and indicative of the compensation culture that’s been imported from the USA. Not sure how you will get on bearingn mind it’s taken you says to go and get seen

Scarsthelot · 27/12/2019 09:03

Again no one said she wasn injured. But at this stage, it will be difficult to tell what was damage in the incident and what was damaged by her mot seeking help.

Given that she also insists its definitely dislocated also suggest she is over egging. That will not help her claim.

Whiskers14 · 27/12/2019 09:07

Just because she hasn’t gone to seek medical attention yet does not mean she isn’t injured! I’d want recompense for his stupidity too.

But it's going to be her word against his now, Justwanttotravel – because she hasn't sought treatment three days on, she's got to prove it was definitely him that caused the injury now. He could deny it completely, then what?

bevelino · 27/12/2019 09:09

OP, you need to prove that the driver caused you to fall resulting in injury. Therefore, find out whether there is cctv footage of the incident, given that there was no contact between you and the vehicle.

Scarsthelot · 27/12/2019 09:11

If you are insisting you knew you were immediately injured, couldnt get off the floor 2 days ago, insist you knee is dislocated but not sought medical advice, then yes it does raise questions on your claim.

I often think that OPs try out these threads to see how believable their story is before they over egg to a no win no free company. They want to see if its believable

Poppinjay · 27/12/2019 09:21

The compensation culture that's causing people like you to see a claim in any accident is driven by the need to pay for medical treatment. You're lucky enough to have a National Health Service to pay for any treatment you need. That means you don't need to find someone to blame and can just go to A&E.

Your main priority should be to get the medical attention you need.

Equanimitas · 27/12/2019 09:21

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.

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