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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
ShoesandmoreShoes · 27/12/2019 11:58

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

Grin lol

Definitely sue McDonalds OP. You likely could get more money from them than the driver. TBH I would have gone to A&E if I was in that much pain. It wouldn't have even occured to me to start thinking about who to sue. Sad world. And now I know why insurance keeps going up.

ivykaty44 · 27/12/2019 11:59

Teen I’d agree with you. So op has had an injury that hasn’t needed Emergency treatment, she can pop to doctors when they reopen and get assistance

Doesn’t mean she can’t make an insurance claim

catpyjamas · 27/12/2019 12:06

chocolateisavegetable Fri 27-Dec-19 10:35:22 Judge Judy would have a field day with this

Grin Oh yes please go to Judge Judy OP! You can even get paid for going on the show apparently

www.judgejudy.com/submit_your_case

Nicknacky · 27/12/2019 12:06

I would imagine the first thing a GP is going to suggest is a trip to A&E......

peanutfoldover · 27/12/2019 12:09

I’m a physio and always find it odd when the first question I’m asked is “do I have a claim?” And the second question is “what do I do about my injury?”

DowntownAbby · 27/12/2019 12:14

@Finfintytint

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

Isn't there just... I take it you know what the C in the acronym 'RTC' refers to, don't you?

DishingOutDone · 27/12/2019 12:21

If the driver was posting here saying oh I put the car in the wrong gear and nearly knocked someone over, they fell down but surely not my fault, poor me, people would be saying the driver was entirely at fault and needed their arse handed to them on a plate, particularly if that driver was a woman.

Of course OP needs to get leg looked at. Thank god she wasn't hit. I'd be reporting it to the police and get proper advice on Monday (although some people on here with legal advice have said sensible things already).

Finfintytint · 27/12/2019 12:27

Downtown, it’s already being explained above- no contact needs to be made.
“Owing to the presence of a vehicle on a road, etc..”

CarolinaPink · 27/12/2019 12:31

If it was his fault, and the way you’ve described it it was, then go to see a solicitor to look into a personal injury claim for negligence.

Also get your leg looked at at A&E. Can’t quite understand why you haven’t, if it’s as bad as you’ve said.

MrsWhites · 27/12/2019 12:41

I can’t imagine not being able to get up for an hour but not seeking medical treatment! You are in so much pain that you feel you deserve compensation but haven’t checked whether any lasting damage has been done or needed any pain relief (obviously other than standard over the counter)!

itswinetime · 27/12/2019 12:51

Hopefully your already there but the first think you do is go to a&e. Sort your leg out then if you want to claim I suggest you speak to a lawyer. I'm not convinced you would be claiming on his insurance more during him for damages but I might wrong. think the hardest part will be proving when the damage occurred. But worry about that after you have sorted your leg.

Jaxhog · 27/12/2019 12:52

Why are you on here talking about a claim instead of getting your leg checked?

My thought too. In any case, to make a claim, you'll need to be able to prove you've been hurt by his action. After this length of time, who's to say this is how you were injured?

DoesntLeftoverTurkeySoupDragOn · 27/12/2019 12:53

I take it you know what the C in the acronym 'RTC' refers to, don't you?

Why is that relevant? No one has called it that have they?

CareOfPunts · 27/12/2019 12:55

What financial loss have you suffered?

What’s that got to do with a personal injury claim?

Isithometimeyet0987 · 27/12/2019 12:58

Well you 100% haven’t dislocated your knee, I seen my Northern dislocate his at a school rugby match and he was in excruciating pain, an ambulance was called and an emergency doctor was sent aswell. Your well enough to sit on mumsnet and try to get money out of this man, if you where as bad as you are saying a claim would be the last thing in your mind you’d just be thinking about getting to hospital. Yabvu

DoesntLeftoverTurkeySoupDragOn · 27/12/2019 13:00

He didn't even hit you, you jumped out of the way.

Of course she jumped out of the fucking way. What sort of idiot stands there waiting to be hit?? Slipping was a consequence of a car reversing towards her at speed.

LadyTiredWinterBottom2 · 27/12/2019 13:01

@iklboo l was being sarcastic

For all we know the OP could have calmly stepped aside but instead did a dive onto a muddy verge in the style of John McCaine in Die Hard

I mean, it took her an hour to get off the floor, so l'm sure she isn't prone to drama at all

iklboo · 27/12/2019 13:03

@LadyTiredWinterBottom2 - DOH! . Sorry, of course. I should have realised. I blame the 57% gin I was on last night Grin

CareOfPunts · 27/12/2019 13:03

A personal injury lawyer has posted on the thread, I’d heed their advice before anyone else’s. But you aren’t helping yourself on any level by not seeking medical advice. Even if - IF - you had a potential claim, how could you demonstrate that the injury was caused in this incident if you don’t get medical evidence of the injury itself?

DrinkFeckArseGirls · 27/12/2019 13:04

Claim what. You can report him to the police if you think it was dangerous driving but you’d need evidence of your injury, which you’ve refused to get.

Ffsseriously · 27/12/2019 13:05

I fell off a horse and broke my back, I unsaddled the horse packed up etc. Went to visit my parents and mil, saying my backs really sore. Woke up the next morning went to the hospital, the doctors nearly didn't xray as they thought if I was walking about it was just bruised. X rayed it saw the break panicked a bit as they had been quite dismissive of me obviously thinking I was wasting their time with a bruised back. The point being sometimes it isn't as obvious as it seems to go to hospital.

CentralPerkMug · 27/12/2019 13:28

I am another one struggling to understand this. You were in such severe pain you could not get off the ground for an hour, yet were fit to demand insurance details off this man? He happily left you there without calling an ambulance? Your dh didn't see any need to insist on medical attention?

The injury that you describe sounds potentially very serious, you really do need to seek treatment.

damnthatanxiety · 27/12/2019 13:31

I wonder if people would feel the OP has a claim if the driver had actually collided with the OP and caused injury? Is it the fact that the OP was quick and jumped out of the way (but still suffered injury) that means they don't deserve compensation?

vassdal · 27/12/2019 13:34

I fell off a horse and broke my back, I unsaddled the horse packed up etc. Went to visit my parents and mil, saying my backs really sore. Woke up the next morning went to the hospital, the doctors nearly didn't xray as they thought if I was walking about it was just bruised. X rayed it saw the break panicked a bit as they had been quite dismissive of me obviously thinking I was wasting their time with a bruised back. The point being sometimes it isn't as obvious as it seems to go to hospital

Well no, it isn't always that obvious you need to go to hospital (happened to me with a broken foot) - but once you realized the next day that you were in pain with your back you went to hospital to get it checked out - you didn't come on Mumsnet instead asking if you should sue your horse.

Wanderlusting99 · 27/12/2019 13:36

You CAN claim, that's not to say you should. A delivery guy stepped off our front step on a diagonal (he was carrying several parcels on top of one another rather than one at a time so he couldn't see the step over the top) and dislocated his knee. Sued us for £75k as he'd only been in the job 4 days and it was on a self employed basis so no sick pay and 3 years later it's still going through the courts, I've had to take countless days off work, it's been a nightmare all because of a 15cm step which has been there for 50 years and every day the postie, us, our kids and countless other couriers have managed to navigate just fine.

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