Car accident. Claiming from person at fault...

RabbitMad

OP please PM me as I can help you...


..Not really I just need your name and address so I can sue you as your OP made me laugh so much I dropped my hot coffee and have scolded my hand. I want £1.65 for a new coffee plus £15,000 for the burn on my hand.

Blue_Diamond

I would advise you to rest and let your knee get better before driving. If this goes further, your license may be taken off you.

headpin

Unfortunately if you hurt your knee it was your own fault. Clearly in the eyes of the law you were too close to the vehicle that was involved in the accident. Through your own action of following too close you had to perform a suddden braking action.

An emergency stop is something, I would suggest, that is not forseeable by a reasonable person. It could include someone pulling out of a side turning in front of you, someone jumping a red light across your right of way, a person running off the footpath in to your path, etc.

As a driver you should leave a safe braking distance between you and the vehicle(s) in front of you. Clearly you didin't and you're now paying the consequences with your knee.

We all travel too close at some time and it could, I would suggest, have happened to any of us. But it would be no one's fault except our own. Your choice to follow too close. You pay the consequence.

sarahg1969

If the car in front of you hadn't hit the other car, but had just avoided it, and you'd still had to do the emergency stop, would you still think they were to blame for your injuries?

anewman

RabbitMad wrote: »

OP please PM me as I can help you...


..Not really I just need your name and address so I can sue you as your OP made me laugh so much I dropped my hot coffee and have scolded my hand. I want £1.65 for a new coffee plus £15,000 for the burn on my hand.

This gets my vote as post of the year

Nex0

harveybobbles wrote: »

I'll try to keep this short...

A few weeks ago I has my right knee operated on due to an on-going problem with it. I was told to go easy at work (work in a garage as many of the regs will know) and try to avoid and sudden jolts.

The pain has been quite moderate for now.

Anyway, the other evening I was the car behind the one which was involved in an accident involving a bus, a lamp post and a big kerb.
I got out and dialed 999 to get the Dibble etc there.

The following day my knee was infamed and been giving terrible pain.
Didn't think too much of it 'cos I do have days when it flares up.
Every day since the accident the my knee has been like this.

Been talking to a few people and they said that it's probably due to me having to slam my brakes on, which is why my knee is all imflamed and painful.

do you think I should be putting a claim in from the driver of the car (as they were at fault)

So in other words you where following the car in front at a unsafe distance to come to a safe stop.

Instead of seeing a solicitor perhaps you should see a driving instructor.

hewhoisnotintheknow

when driving its not unusual to expect to have to brake hard, if you feel your not upto this, you shouldnt be driving

The_Undercover_ADI

hewhoisnotintheknow wrote: »

when driving its not unusual to expect to have to brake hard, if you feel your not upto this, you shouldnt be driving

If you're a half decent driver it IS unusual to have to brake hard, however strange things do happen, so I would agree - if you are unable to stop the car in an emergency then you should not drive. However the OP had no problem performing the stop, so no problem there. The problem is with the ludicrous idea that he can claim against someone else for his own bad driving.

If you're not keeping enough space to deal with the fool in front then you only have one person to blame.

loofer

harveybobbles wrote: »

...
And yes, the surgeon and dr have done medical exams on me since the op.

The surgeons was on week 6 and the GP's was on week 8. Both said I was fir to drive...

Here's a curve ball for you if you want to try and sue somebody... anybody

The majority of us seem to agree that part of being fit and able to drive is being able to safely execute an emergency stop.

So being signed off, as fit and able to drive, by your GP and Consultant is basically saying that should, in the course of driving, you need to suddenly jab the brake pedal hard... you are able to do this. (Though they aren't implying that you won't feel any pain as a result of this)

The fact that you did this with a post-op knee has exacerbated the pain, following their advice... maybe it's them you need to speak to!!! But I can guess what their reply would be:rolleyes:

If I injure my knee when doing exactly what you did in the same condition but had a perfectly fit knee before the incident then there might have been a possible way to sue as a Third Party.

Providing you have the details of the person who was liable, there is nothing stopping you from attempting to claim from their insurance as a personal injury claim (through a PI company, not your own insurance co). Assuming your case was taken on, the other party's insurance solictors may request medical history... and there you have it... the mother of all insurance exclusions... pre-existing condition. They may even turn it on it's head and say you shouldn't have been driving... as pointed out by various members in this thread.