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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:
Equanimitas · 27/12/2019 10:01

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

This is not a situation where OP had time to weigh up what to do. If you create an emergency situation by your negligence, it's entirely foreseeable that someone will have to take quick evasive action and may sustain injury as a result, particularly when out doors in cold wet weather. You may therefore be liable as a result.

Equanimitas · 27/12/2019 10:02

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

It will depend on the circumstances. If there is a dislocation, for instance, there will be good medical evidence - though damages might be reduced if the delay has exacerbated the injury.

Equanimitas · 27/12/2019 10:05

@Whiskers14, you are talking about evidence there, rather than the principle of whether OP may be able to claim as a matter of law.

We don't know enough about the circumstances to say the delay is conclusive. The fact that the driver gave his personal details suggests he was aware of the injury, there may be CCTV, there may be witnesses, and the medical evidence may show how old the injury is likely to be.

MrsElijahMikaelson1 · 27/12/2019 10:06

I doubt you dislocated it but it sounds absolutely like you ruptured your anterior cruciate ligament-you need to go to A&E and get yourself sorted

FreckledLeopard · 27/12/2019 10:09

There's so much misinformation on this thread, it's hard to know where to start.

OP - yes, you may have a claim, if you can show negligence on the part of the driver causing harm/loss to you. You would need medical evidence and ideally CCTV evidence or similar, if available. The fact that the driver provided his details may suggest he has already by now spoken to his insurers and if he has admitted liability then any claim will be easier to make.

I'd go and get your knee checked out as a priority and then contact the driver, provide an update and go from there.

twentyplustwenty · 27/12/2019 10:10

I would sue McDonalds

MrsPelligrinoPetrichor · 27/12/2019 10:10

You didn't dislocate your knee.

Go to A and E and get sorted properly like everyone else does who gets hurt and then look into taking it further if possible .

Whiskers14 · 27/12/2019 10:10

Equanimitas Oh I think she absolutely can claim, I just doubt if it'll be the big pay day the OP might be hoping for on the basis of how long she's left it to seek medical help. Yes, he did give her his insurance details but he can still dispute the severity given she's done nothing for three days. I would, if I was him, because it would affect my premiums if I didn't.

Scarsthelot · 27/12/2019 10:12

I would sue McDonalds

On what grounds?

Medievalist · 27/12/2019 10:13

Do you have something against the medical profession op? You need to get yourself to A and E and your dog to a vet.

LadyTiredWinterBottom2 · 27/12/2019 10:18

Well by this reasoning its McDonalds fault, the grass verge was slippery. If it wasn't slippery she wouldn't have slipped. That is why she hurt her leg. Had she not slipped, there wouldn't be a 'claim'. Or maybe it's the weather's fault?

The best thing to do is to ask a no win no fee solicitor, if you think you want to push everyone's insurance up with spurious claims.

pumpkinpie01 · 27/12/2019 10:19

Op you have a valid claim here, you are injured due to his actions whereas you have not been negligent in any way. You need to go to the hospital asap that sounds quite bad. Unsure as to why people keep asking
what you would be claiming for - injury obviously! If you work and can't for sometime due to your leg there would be a loss of earnings claim also.

iklboo · 27/12/2019 10:20

Well by this reasoning its McDonalds fault, the grass verge was slippery. If it wasn't slippery she wouldn't have slipped. That is why she hurt her leg. Had she not slipped, there wouldn't be a 'claim'. Or maybe it's the weather's fault?

And how are McDonalds supposed to control rain which makes the verge slippery?

LaMarschallin · 27/12/2019 10:21

Scarsthelot

I would sue McDonalds

On what grounds?

Surely that was a joke.

Along the lines of "McDs must have served the driver hot coffee which he then spilled into his lap causing his momentary lack of inattention and anyway they shouldn't have tempted the OP into their car park with their irresistible food..." etc

DoesntLeftoverTurkeySoupDragOn · 27/12/2019 10:22

If there is a dislocation, for instance, there will be good medical evidence

Not of when the injury occurred or what caused it.

dogsdinnerlady · 27/12/2019 10:22

If the driver apologised and gave you his insurance details it looks as though he is admitting liability.

Jollitwiglet · 27/12/2019 10:22

Couldn't be arsed to get your severely injured leg looked at, can only be arsed to see if you can get some money

Newkitchen123 · 27/12/2019 10:23

Why have you not had it looked at?

Witchofzog · 27/12/2019 10:29

So your first thought is "How can I claim" rather than getting your leg looked at. You are being negligent by not getting medical attention as you could be aggravating your injury. Seriously- get your priorities sorted out

Survivingchipandkippee · 27/12/2019 10:29

Should you not focus on finding out if there is any damage to your knee via a doctor/hospital rather than a financial claim. If I was in the pain you are in getting well would be my priority

WorraLiberty · 27/12/2019 10:30

It took me over an hour on Christmas Eve to get off the floor

And yet you haven't bothered to get your leg seen to? Confused

nononever · 27/12/2019 10:32

If it was dislocated you’d know about it. Not sure what you want to claim for.

Daisymay93 · 27/12/2019 10:33

You don't want to go to A&e but you want to try and make an insurance claim 🤔🤔🤔

LakieLady · 27/12/2019 10:33

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

I ruptured my ACL and partially dislocated my kneecap. Immediately afterwards, I walked half a mile across fields, went to the pub, got up to the bar and got a round in, got in and out of a car, into my house and up my stairs, thinking all the while "This is a nasty sprain".

The following morning, my knee was the size of a melon and I still managed to hobble downstairs to the bathroom, back up again to dress, and get in and out of the taxi that took me to A&E.

Although I concede that the doctors were a bit gobsmacked that I'd left it 16 hours.

Ash39 · 27/12/2019 10:34

I'm sorry if you are genuinely hurt, but this post has made me very judgemental. Really? Is the the world we live in now?
That someone hurts themselves and rather than seek medical treatment, their first thought is " how do I claim? And from whom?"
A very very sorry state of affairs

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