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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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

OP posts:

Yellowbutterfly1 · 27/12/2019 11:19

It’s a very sad world that we live in when people just see £££ signs.

Tensixtysix · 27/12/2019 11:29

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

LarryTheLurker · 27/12/2019 11:32

The level of understanding on here makes me glad court hearings about injury claims don't have juries. With a couple of honourable exceptions - Finfintytint, Equanimitas - this thread is a judgemental shambles. On her account, the OP didn't just slip, she was forced to leap out of the way to avoid serious injury and suffered a lesser one as a direct result.
The driver said 'sorry I thought it was in drive not reverse' ?
His car is an automatic. It is not difficult to put an autobox in the wrong gear and this could be considered negligent. Sometimes this sort of error can have tragic consequences far worse than in this case.
There does not need to be contact for a claim to be made, nor financial loss. If the OP claims, it will be based on the driver's negligence causing her an injury for which she is entitled to damages. She will need to prove both negligence and injury but only to the lower civil standard of 'on the balance of probabilities', not the criminal one of 'beyond reasonable doubt'.
OP, get your medical report and check with McD's for CCTV, then write to the driver (letter, not text or phone). Tell him you wish to claim and that if he hasn't already done so he must report the incident to his insurers.
And in future be very cautious about asking MN for legal advice.

DogInATent · 27/12/2019 11:34

There's usually plenty of business cards from the ambulance chasers on the wall at A&E if she's gone there...

However there are too many inconsistencies here, so DM or troll?

It took the OP an hour to get off the floor after the incident - did it take her husband that long to get their order and not notice her missing? Did the have the entire insurance conversation with the driver from a prone position?

Did her husband not notice the mud, and her pain and injuries? Or notice that she's still suffering and take her to A&E before now?

Wrong gear in a McDs car park? - it's unlikely on xmas eve a driver managed to get a space where they could drive through the opposite space to exit. If it's a space you could reverse out of, it's a reverse-out space.

Husband doesn't get a mention after that first comment that he was inside ordering. This is Mumsnest ffs, where's the commentary about his supportive/supportive behaviour since then, or his attitude to the whole sue/don't sue question, or how he forgot her mcnuggets?

Lunde · 27/12/2019 11:37

You need to seek urgent medical attention from A&E. If you really have dislocated a knee then it is common to damage the nerves which may cause permanent disability. It is possible that you have dislocated your knee cap that may need to be realigned or that you have ruptured/partially ruptured a knee ligament that may need a surgical repair if you are to walk properly again. Go to A&E!

Whether you can get compensation will depend on a number of things.

But sort out your medical issues first!

vassdal · 27/12/2019 11:40

OP, get your medical report and check with McD's for CCTV, then write to the driver (letter, not text or phone). Tell him you wish to claim and that if he hasn't already done so he must report the incident to his insurers.

Very good advice from LarryTheLurker.
But the OP doesn't have a medical report because for some reason she has chosen not to get medical attention.
I think people are being "judgemental" as you say because of this. I think the OP would have got different responses if she had said she'd had to go straight to A and E and the diagnosis was X and she would have to have Y weeks off work at least and the long term damage could result in Z.

If she doesn't get medical attention she will not be able to claim as there will be no medical report and this is the first thing the insurance company will ask for.

shreddednips · 27/12/2019 11:40

I'd be quite sympathetic if, following the incident you've described, you went to hospital where you were diagnosed with a serious injury that would require months off work and a large amount of private physio. I'd understand what you were claiming for then, because you would be losing out financially. As it is, I'm not sure what you could possibly claim for, although I'm sorry you've hurt your knee. Even if you went now, I would have thought (no expert) that it would be impossible to figure out what injury the incident caused and what had been caused by you failing to get medical attention. Yes, he should have taken more care, but it's surely your responsibility to take basic common-sense measures to protect yourself from any further injury by going to A&E? I know it's busy at this time of year but if your injury is as bad as you describe, you'd be in agony!

ivykaty44 · 27/12/2019 11:40

To all you that think op should have gone to A&E immediately- did you not see the thread the other day about when to go to A&E..? When according to MNetters you are basically at death door...which op obviously wasn’t

No doctors are open over Christmas and those that are on call aren’t going to be worried about ops knee

You can’t have it both ways

ButtonMoonLoon · 27/12/2019 11:41

I am pretty shocked that you’ve apparently been like this for several days but haven’t sought medical attention.
Any ‘claim’ you bring against this man will no doubt call this into question too.....

katielilly · 27/12/2019 11:42

@ivykaty
The walk in centres are open though.

shreddednips · 27/12/2019 11:43

Yes, but if you think you've dislocated your knee I would have thought that would come under almost anyone's definition of an accident or emergency. I witnessed someone dislocate their knee a while back and it was absolutely horrendous, and leaving something like that can cause serious problems.

ivykaty44 · 27/12/2019 11:44

How far away is the ops nearest walk-in Center? Could be 30/40 miles and she may not even know about them

foamrolling · 27/12/2019 11:45

Here's a crazy fact ivy - we're probably all different posters. There's often dispute about what constitutes a medical emergency on here but the fact that this is an accident is indisputable. And that's what the a in A&E stands for.

SunshineAngel · 27/12/2019 11:45

He didn't even hit you, you jumped out of the way. Sorry but you can't bloody claim for that.

It does my head in. If you were suffering as much as you said, a claim would be the last thing on your mind.

If you have loss of earnings because of an accident that's fair enough, but it's people like you - who are just out for what they can get - that push everyone else's insurance up.

Scarsthelot · 27/12/2019 11:46

No doctors are open over Christmas and those that are on call aren’t going to be worried about ops knee

A dislocated knee? Total bollocks

vassdal · 27/12/2019 11:47

If the leg is as bad as the OP says it is, she would have sought medical attention at some point during the last three days - either A&E, a GP on call, walk in centre etc. Maybe when the accident initially happened she thought it didn't warrant an A&E visit but now she says
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.

And yet she's on Mumsnet asking whether she can claim against the driver but hasn't consulted a doctor??

ivykaty44 · 27/12/2019 11:48

Foamrolling
Listen to all the different posters, are you sure it was an accident? Op deliberately jumped on the grass and the consequence was she fell. Just reading through the thread and it looks like it was a scam to get money from the insurance

MerryDeath · 27/12/2019 11:48

if you aren't injured enough to have needed a Dr before now i don't even think A&E is appropriate!

Bunnyfuller · 27/12/2019 11:49

Injured enough to want to claim but not enough to seek medical treatment.

Ok.

foamrolling · 27/12/2019 11:50

That's still an accident. If I deliberately jump off a wall and break my ankle, guess where I'd go? It's crazy that the op has gone 3 days with an injured leg without attempting to get it looked at and yet feels it is so severely injured she is considering claiming for the injury.

Teenangels · 27/12/2019 11:50

A dislocated knee and you didn’t go to the hospital, you do know what dislocated means don’t you?
The pain would be unbearable and you would not be able to use the limb.

ivykaty44 · 27/12/2019 11:51

Where did op say she wanted to make a claim for injury? I asked what she wanted to claim for and never got a reply? For all I know she might have wanted dry cleaning for muddy clothing

foamrolling · 27/12/2019 11:53

Is it his insurance or mine I claim on? Because I am hurt

Direct quote from the op

Teenangels · 27/12/2019 11:56

@ivykaty44
A dislocated joint, is an accident or Emergency when my partner dislocated his shoulder he was in recus they classed his as a life changing injury. Believe me it is, the OP has probably twisted her leg or sprained her knee until you see a dislocated anything and the pain it causes you know it’s an accident and emergency admission.

Whoops75 · 27/12/2019 11:57

You could have done more damage by not seeing to the more minor injury on the day of the accident.

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