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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:
LaMarschallin · 27/12/2019 09:23

YoureAQuizardHarry

😩😭 Christmas Eve we were driving to mums etc

Of the two compo faces you're modelling at the beginning of your OP, I think the one on the left with the downturned mouth is more usual.
Apparently (according to a friend who used to work for a local newspaper) crying can often make you look like you're laughing in a still photo.

Even if you were to be sincere about it.

And don't forget to add that it's not about the money; you just hope no-one else will go through something like this again .
Even though you'll take any money that's going.

Hope that helps.

Inhismemory · 27/12/2019 09:25

Claim for what? Have you suffered financial loss?

Stop being stupid and go to A&E

LadyTiredWinterBottom2 · 27/12/2019 09:27

He may have been negligent in not making sure the gear was in the correct position. However it's hardly his fault you jumped on a grass verge and slipped - you decided to take that action. Also you think it's dislocated but you haven't had it checked? Really?

DoesntLeftoverTurkeySoupDragOn · 27/12/2019 09:30

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

Surely it would be difficult to prove any significant pain, suffering and loss of amenity when she didn't bother to seek medical attention for days.

DoesntLeftoverTurkeySoupDragOn · 27/12/2019 09:32

However it's hardly his fault you jumped on a grass verge and slipped - you decided to take that action.

You're right. She should have stayed where she was and been hit by his car which was reversing "at speed" 🙄

Finfintytint · 27/12/2019 09:34

“You decided to take that action”
Yep, OP should have remained still to ensure she got hit properly to evidence any claim. Ffs.

RufusthebewiIderedreindeer · 27/12/2019 09:35

Surely it would be difficult to prove any significant pain, suffering and loss of amenity when she didn't bother to seek medical attention for days

Maybe...but possibly not this time of year

Piggywaspushed · 27/12/2019 09:36

I think you will find that if this gets reported to insurers , they and their PI companies will be phoning you constantly anyway for years!

My 15 yo DS still gets calls from a company because he witnessed an accident.

I practically had compensation forced on me after an accident.

PineappleDanish · 27/12/2019 09:36

Just get your arse to A&E, woman.

I'm not a lawyer but the fact that you've fannied about for three days would lead me to argue that it really was never that bad, or that you had ample opportunity to injure it elsewhere before you eventually sought medical assistance.

Hate this "make a claim" mentality. Yes of course you should claim if you are injured and can't work, or need to pay for expensive physio, or adaptations to your home. But not just because of an accident.

Scarsthelot · 27/12/2019 09:37

Maybe...but possibly not this time of year

For a knee thats 'definitely dislocated'?

Bollocks.

Whiskers14 · 27/12/2019 09:37

Equanimitas I'm not any kind of legal expert but I do know that not seeking medical treatment immediately is going to make it very hard for OP to prove his negligence caused her any kind of injury, let alone a knee dislocation! He's going to quite easily be able to argue that she could've done the injury at any point during the three days she left it before seeing a doctor and that it has nothing to do with him.

Butchyrestingface · 27/12/2019 09:38

Doesn’t care enough about injury to go to A&E but cares enough to seek advice about making COMPO claim.

Off you fuck.

DoesntLeftoverTurkeySoupDragOn · 27/12/2019 09:38

possibly not this time of year

A&E is open this time of year.

heartsonacake · 27/12/2019 09:39

YABVU. You hurt your leg. You don’t need money for it.

Stop being entitled and grabby.

Shanny81 · 27/12/2019 09:39

Why are you more bothered about claiming money than getting your leg fixed? I think that says it all

HumousWhereTheHeartIs · 27/12/2019 09:40

This can't be really? Surely no one prioritises litigation over medicine

Loveislandaddict · 27/12/2019 09:40

Did you report it to Macdonalds and fill in the Accident book, as it happened on their land?

Also, I guess in his defence, he could argue that you should have been looking out for cars that are reversing in a car park, so you are as much liable as he is.

Also, why haven’t you had it checked out?

TheReef · 27/12/2019 09:42

If your knee was dislocated op you wouldn't have been able to walk on it. You've prob torn a ligament

ikeakia · 27/12/2019 09:43

Build a bridge, hobble over it. On the other side is a doctor not an insurance company. They’re the ones you need to see.

Parky04 · 27/12/2019 09:46

A lot of these replies are inaccurate. If you have injured yourself by trying to avoid the vehicle then you are entitled to make a claim providing the driver of the vehicle is responsible. Your claim will be against the insurers of the vehicle. Go to A&E ASAP to have your leg checked out and also get the circumstances of the incident documented within the notes. Does the car park have CCTV?

Spartonian · 27/12/2019 09:46

You won't be able to claim, you have not been seen by any medical professionals and who's to say, you did not do the damage a day later, instead of the day, you are saying it happened.

TalbotAMan · 27/12/2019 09:54

Medically, you clearly do need to get appropriate help.

Legally, while this is not a classic situation, the fact that you were injured trying to avoid a more serious injury can be the basis of a claim. You will need a medical report for this, but those used in claims are typically produced 1 to 6 months after the incident, not immediately, since the recovery time has a direct bearing on the amount of compensation. In due course you should contact a suitable lawyer - as this is a little unusual it might be better to use one who you can see face to face rather than one of the big firms that operate by phone and email.

vassdal · 27/12/2019 09:56

Weird that you haven't had the leg checked out by a doctor yet.
Why are you on mumsnet asking whether you should make a claim against him and you haven't been to A &E?
The leg injury can't be that bad or you would have been in for treatment.

AuntImmortelle · 27/12/2019 09:57

I'm hobbling around with a knee injury at the moment. On crutches. Just to say I did go to a&e on the day it happened and there was nothing they could do other than give me a prescription for ibuprofen and codeine and bandage my knee for some support. They didn't X-ray but did examined the knee and said it wasn't broken, therefore no point having an X-ray. Also no point for an MRI scan as I was in the active phase and the knee was swollen so a scan wouldn't diagnose the issue. Am going to organise physio next week.

Re claiming on his insurance. My DH was hit by a car once and ended up having an operation on his leg. We did claim from the drivers insurance and had a pay out as he had been injured. He did not suffer loss of earnings though. I know you weren't hit, but the drivers lack of care lead to you having an injury. I think you could claim.

chuck7 · 27/12/2019 10:00

Op I doubt you could claim anyway (the idea of it is ridiculous) but you haven't even been checked out. For all anyone else knows you've injured yourself after the whole diving onto a grass verge incident Hmm

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