If you have been involved in a car accident that wasn't your fault and are suffering from anxiety, you could be entitled to claim compensation
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Can I claim for anxiety after a car accident?
Yes. A car accident can cause not only physical injuries but also mental trauma, including anxiety and depression. If the accident happened because of someone else’s negligence, you may be eligible to claim for anxiety after a car accident.
Anxiety after a car accident can affect your daily life, work, relationships, and overall health. It may also lead to financial losses, such as time off work or medical expenses.
To find out if you have a valid claim for anxiety and stress, please call 0800 470 0472 today to speak to a legal adviser. You can also use our online claim form to request a callback with no obligation to proceed.
Table of Contents
Can I make a compensation claim for anxiety from a car accident?
Yes. If you suffer from anxiety following a car crash, you may be able to pursue compensation. Like with any other car accident claim, your solicitor must be able to prove the following to have a valid case:
- Another party owed you a duty of care.
- They breached this duty by acting negligently or recklessly.
- Their actions caused a road traffic accident.
- You suffered anxiety and other potential losses as a result.
Who is liable to pay compensation for anxiety after car accidents?
If you develop anxiety or psychological trauma following a road traffic accident, the liable party for your compensation will usually be:
- Another driver or road user. Under the Road Traffic Act 1988, all road users have a legal duty of care to ensure the safety of other people on the road. Accidents may result from reckless driving, speeding, driving under the influence, or other negligent behaviour.
- The authorities. Under the Highways Act 1980, local councils and National Highways are responsible for maintaining the roads and keeping them free of hazards. Accidents could result from potholes, debris, spillages or failure to grit the roads in winter.
In case of a hit-and-run accident or if the other driver is uninsured, you could seek compensation through the Motor Insurers’ Bureau (MIB).
What is the time limit to claim for psychological trauma?
Under the Limitation Act 1980, you typically have three years from the date of an accident or the date your condition was diagnosed to start a claim. There are some exceptions to this time limit:
- There is no time limit to make a child injury claim as a parent or legal guardian until their 18th birthday.
- The time limit may be suspended if the claimant lacks the mental capacity to manage their own legal affairs because of a condition such as post traumatic stress disorder (PTSD).
- Following a car accident abroad, the time limit may depend on the foreign country’s laws and could be shorter than three years.
How do I claim for anxiety following a road traffic accident?
If you are struggling with anxiety or experience post-traumatic stress disorder following a car accident that was not your fault, you could be entitled to compensation. To start a claim, you should:
- Contact a specialist personal injury solicitor for a free case assessment.
- Consult a mental health professional to document your condition and its impact.
- Gather as much evidence as possible to support your claim, such as witness statements and photographs of the accident.
- Send a letter of claim to the defendant, informing them of the compensation you seek.
- Negotiate a settlement or issue court proceedings if liability is denied.
- Receive your compensation award if you make a successful claim.
How much compensation for anxiety after a car accident?
Each case is unique, and various factors will affect how much compensation you could receive for anxiety and PTSD after a car accident. Your compensation is calculated based on two types of damages:
- General damages cover the pain, suffering and loss of amenities caused by the mental trauma. They will depend on the initial severity of your condition and its prognosis.
- Special damages cover the losses you have suffered financially due to your condition. Some examples include loss of earnings, travel costs, prescriptions and counselling.
Below are some compensation examples from the Judicial College Guidelines (18th Edition). Based on your specific circumstances, you could receive:
| Injury Type | Description | Compensation |
|---|---|---|
| General Psychiatric Damage | Psychiatric damage that is not severely debilitating and has a shorter-term impact | £2,000 - £7,700 |
| Psychiatric damage affecting life, education, work and relationships, but with good improvement and prognosis | £7,700 - £25,000 | |
| Psychiatric damage significantly affecting life, education, work and relationships, but with a more optimistic prognosis | £25,000 - £72,000 | |
| Psychiatric damage significantly affecting life, education, work and relationships, with a very poor prognosis | £72,000 - £153,000 |
Can I claim for anxiety on a No Win No Fee basis?
If you can claim anxiety compensation following an accident, our team of no win no fee solicitors will be happy to represent you under a conditional fee agreement, which means that:
- You do not have to pay them any upfront fees.
- They only get paid a success fee (capped at 25% of certain parts of your compensation) if your case succeeds.
- You will not incur any out-of-pocket expenses.
- You do not have to pay them a single penny if your claim fails.
Frequently asked questions
- Physical symptoms: Muscle aches, headaches, fatigue, stomach aches, rapid heartbeat, loss of appetite, palpitations, shortness of breath.
- Mental symptoms: Excessive and irrational worries, racing or intrusive thoughts, difficulty concentrating, fear, nervousness and a sense of impending doom.
- Behavioural symptoms: Avoiding situations related to the accident, social withdrawal, sleep problems, mood swings, irritability and avoiding driving.
If feeling anxious after a car accident is affecting your daily life, it is essential to seek mental support from a specialist, such as through your GP or NHS mental health services (see the NHS guidance on anxiety). It would also be best to seek legal advice as soon as possible. If another party was at fault, you could claim compensation for anxiety after a car accident.
- Seek the help of a healthcare specialist. They may recommend treatments like cognitive-behavioural therapy (CBT) or exposure therapy, or prescribe anxiety medicine to help manage your symptoms.
- Join an anxiety support group that can understand your feelings and what you have been through. This can provide a safe space to process emotions and heal.
- Educate yourself about the effects of trauma and read about how to get over anxiety after a car accident.
- Focus on self-care and make sure you get enough sleep and exercise. Eat healthy and balanced meals, socialise and focus on your hobbies and interests.
- Keep a journal and write about the accident and how you feel.
- Seek support from family and friends and talk to them about the accident and how it has affected you.
- Get used to being in a car again by starting as a passenger.
- Get back behind the wheel as soon as you feel comfortable. Start driving in a quiet neighbourhood and work with a driving instructor if necessary.
- Dash cam or CCTV footage of the accident.
- Photographs or videos of the scene before anything is moved.
- Pictures of any visible injuries contributing to your mental distress.
- Statements from witnesses to the accident.
- The name and insurance information of the other driver.
- Receipts and invoices for any out-of-pocket expenses.
- Medical records documenting physical and psychological injuries.
- Letters or reports from a psychologist or psychiatrist.
- Distracted driving: Texting, talking on the phone, eating or adjusting the radio.
- Speeding: Driving over the speed limit or too fast for the road conditions.
- Driving under the influence: Alcohol and drugs impair judgement and reaction time.
- Fatigue: Driving when tired can be just as dangerous as impaired driving.
- Aggressive driving: Tailgating, road rage and weaving in and out of traffic.
- Disobeying traffic signals: Running red lights and stop signs.
- Poor road conditions: Potholes, uneven road surfaces, and a lack of traffic signage.
- Vehicle defects: Faulty brakes, tyre blowouts, or steering issues.
Children may also develop anxiety after car crashes. Depending on their age, symptoms may include separation anxiety, sleep and school problems, stomach aches and changes in usual behaviour. You could also make a compensation claim for your child as their litigation friend.
If you or a loved one was involved in a car accident and you want to make a claim for anxiety, call 0800 470 0472 today or request a call back. You will receive a free consultation and legal advice with no obligation to proceed.
