Car accidents can be extremely traumatic, and may have lasting physical and psychological impacts. If you’ve developed anxiety after a road accident, you are probably already aware of how far-reaching this condition can be. However, what you may not know is that you could be able to claim compensation if you have experienced anxiety after a car accident. Read on to find out more.
Key Takeaways
- There were 128,375 reported road casualties in the UK in 2024.
- According to the NHS, 1 in 4 adults experience a mental health condition at some point in any given year.
- Claims can be proved with many types of evidence, including medical records, eyewitness statements, and video footage of the accident.
- Road traffic accident compensation can cover an individual’s pain and suffering, as well as the financial losses resulting from that harm.
- A solicitor from our panel could help you make a No Win No Fee claim.
If you have experienced physical or mental trauma after a road traffic accident, our advisors are here to help explain your options for claiming compensation. To contact them, please reach out by:
Frequently Asked Questions
- Can I Claim Compensation For Anxiety After A Car Accident?
- How Much Car Accident Anxiety Compensation Could I Get?
- What Can Compensation Help With Post-Car Accident Anxiety?
- What Are The Signs And Symptoms Of Anxiety After A Car Accident?
- How Long Should Anxiety Last After A Car Accident?
- What To Do When Claiming For Car Accident Anxiety
- Get Help From Our Team Of Advisors
- Learn More
Can I Claim Compensation For Anxiety After A Car Accident?
Yes, you can claim compensation for anxiety after a car accident if you are able to demonstrate that:
- A road user, such as a driver, pedestrian, or cyclist, had a duty of care to you.
- They breached their duty of care while navigating the road.
- The breach caused you to suffer from anxiety.
Anyone who uses the road has a responsibility to travel in a manner that avoids causing injury to themselves and others. That is the duty of care highlighted in the criteria above. Additionally, drivers and other road users are expected to adhere to The Highway Code and the Road Traffic Act 1988.
In the following sections, we examine how someone may breach their duty of care in various scenarios.
Am I Able To Claim If I Was Responsible?
If you were partially responsible for your accident, you may still be able to claim. In such a scenario, you may have to pursue compensation on the basis of a split liability agreement. This means that the level of compensation you might receive may be reduced to reflect the percentage of your responsibility for the accident.
For example, if you are found to be 50% at fault, your compensation will be reduced by half. If the accident had not been your fault, you would have had no reductions in compensation.
Can I Claim If I Was A Passenger In The Vehicle?
You could claim if you were a passenger in the vehicle at the time of the road traffic accident. However, you may need to determine who is liable for the accident in which you developed anxiety. This party may be the driver of the vehicle you were travelling in, or another road user.
Who Will I Claim Against If The Driver Was Uninsured?
If the driver was either uninsured or was untraced, you may need to claim via the Motor Insurer’s Bureau (MIB). The MIB is an organisation which is funded by insurance premiums. One of its key purposes is to compensate people who have been involved in road accidents caused by a driver who fails to stop, cannot be traced, or is uninsured.
Can I Make A Claim On Behalf Of A Loved One?
If the case is valid, you can make a claim on behalf of a loved one who is under 18 or mentally incapacitated. These parties are unable to pursue compensation independently of someone else.
To claim on behalf of someone else, you will need to assume the role of a litigation friend. If you’re approved for the role, you would be responsible for performing various case-related duties and keeping your loved one updated on the claim as much as practical.
If you or a loved one has experienced emotional and mental health issues, such as anxiety, after a car accident, please contact our advisory team for guidance.
How Much Car Accident Anxiety Compensation Could I Get?
For a severe form of psychiatric damage, you could be awarded between £66,920 and £141,240, according to the Judicial College Guidelines (JCG). This resource publishes suggested compensation brackets for various forms of physical and psychological injuries, covered under a head of claim referred to as general damages. Solicitors sometimes use the JCG to help assess the potential value of those damages.
In the following table, we take brackets from the JCG covering general psychological damage and post-traumatic stress disorder. These brackets do not guarantee what compensation you might receive if your claim wins. Please also note that the initial row is not from the JCG.
| Type of Injury | Severity | Compensation Guidelines |
|---|---|---|
| Multiple psychological injuries + special damages | Multiple forms of psychological injuries, together with financial losses, such as care costs. | Up to £500,000+ |
| Psychiatric damage generally | Severe (a) | £66,920 to £141,240 |
| Moderately severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Less severe (d) | £1,880 to £7,150 | |
| Post-traumatic stress disorder | Severe (a) | £73,050 to £122,850 |
| Moderately severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 | |
| Less severe (d) | £4,820 to £9,980 |
If you have any questions about the factors considered when assessing general damages, please contact our advisory team today. They can also provide you with a free evaluation of your case.
What Can Compensation Help With Post-Car Accident Anxiety?
Compensation can help your post-car accident anxiety by providing much-needed financial relief and funds to support your recovery journey. If you suffered any financial loss as a direct result of the harm you suffered, you may be able to claim for those costs under special damages.
In order to include any losses within a personal injury claim, you will need supporting evidence, such as wageslips and invoices. Provided that you have such documentation, you could claim for the cost of:
- Therapy and access to other mental health services.
- Medication or other private treatments.
- Professional care and support or assistance from loved ones.
- Lost income and earnings. You may also be able to claim for a loss of future earnings, pension contributions, and work-related perks.
If you’re unsure where to start with proving your financial losses, rest assured that you can get help from one of the solicitors making up our panel. Get in contact today for further guidance on the support available during a claim.
What Are The Signs And Symptoms Of Anxiety After A Car Accident?
The signs and symptoms of anxiety after a car accident can vary from person to person. For instance, some people may experience somatic symptoms, such as headaches, while others do not.
However, the NHS identifies a number of common symptoms experienced by individuals with the condition, including:
- Difficulty sleeping, such as experiencing nightmares.
- Feeling anxious, restless, or irritable.
- Finding it difficult to concentrate.
- Depression or a low mood.
- Fatigue, where you feel tired and drained.
- Digestive issues.
- Palpitations.
- Dizziness or feeling lightheaded.
- Muscle tension due to your body being put into a ‘fight or flight’ state.
- Unhelpful or negative thoughts.
You may also experience travel-specific anxiety, which could present as panic or dread when you approach the road or a vehicle. That may cause you to become avoidant of certain roads, conditions, or modes of transport linked to the accident you were involved in.
Anxiety can have a severe impact on a person’s daily life. Depending on the intensity, you may no longer be able to carry out the day-to-day activities you used to do before your accident. The condition may also impact other aspects of daily life, including relationships with loved ones, as well as your ability to work or travel.
If you have experienced the signs and symptoms of anxiety after a car accident, you may be eligible to claim compensation. Our advisors are here to help and provide you with a free, sensitive assessment of your case today.
How Long Should Anxiety Last After A Car Accident?
There is no definitive timeframe for how long anxiety should last after a car accident, as the severity and intensity of the condition can vary greatly. Some people may experience a temporary anxiety that fades away over time. Other individuals might develop persistent, long-term anxiety, especially if they do not receive appropriate treatment for the condition. They may also suffer from post-traumatic stress disorder (PTSD).
No matter what symptoms of anxiety you have, the best thing to do is consult with your GP to see what your treatment options may be. A solicitor from our panel might also be able to help you access specialist mental health services. You can learn more about the services they offer by contacting our advisory team today.
What To Do When Claiming For Car Accident Anxiety
When claiming for car accident anxiety, you must ensure that you have evidence which satisfies the eligibility criteria set out earlier in this guide. You will also need to file your claim within the applicable time limit.
The evidence you will need may depend on the circumstances of your accident, but can include:
- Police accident reports.
- Reports to insurance companies.
- The other road user(s) contact information, together with their registration, insurance details, and vehicle particulars.
- Medical evidence, which may form a large part of your claims body of evidence. It might include evidence of physical or psychological injuries, such as a diagnosis of psychological trauma by a mental health professional.
- Further medical reports by an independent mental health professional. This may further bolster your medical evidence.
- Contact information for witnesses. These details can be passed on to a solicitor, who may later contact them to collect statements for the claim.
- Video or photo evidence showing the accident taking place, the scene of the incident, and any visible damage or injuries. This visual proof may come from CCTV or dashcam footage, or photos you have taken.
Time Limits For Starting A Claim
You will need to file your claim within the applicable time limit. The standard limitation period for starting a claim is 3 years, as governed by the Limitation Act 1980. This period usually begins on the date of the accident.
As highlighted earlier in this guide, minors and mentally incapacitated individuals cannot claim for themselves. Consequently, the 3-year time limit is paused unless and until the date a person:
- Turns 18.
- Recovers their mental capacity.
Where they do not have the capacity to make a claim, a litigation friend can help them claim. For further information on this role, please refer to our earlier section about claiming for a loved one.
Whether you are unsure about what evidence may help or how long you have to claim, please reach out to our advisors today. They are waiting to help answer any queries you might have.
Get Help From Our Team Of Advisors
You could get help from one of our team of advisors with all aspects of beginning a claim. When you contact our advisors, they will take the details of your case and answer any questions you may have. If they think that you have a case to claim compensation, they can connect you to a specialist solicitor from our panel.
We work with a panel of solicitors who have helped clients across the country successfully claim compensation for car accident trauma. They have a proven track record and use their decades of combined experience to provide expert services tailored to every client they represent. If your case is taken up by our solicitors, you’ll benefit from:
- Access to rehabilitation and mental health services.
- Clear explanations of the claims process and terms used.
- Regular case updates and prompt answers to any questions you have.
- Professional representation, ensuring your case is expertly presented during negotiations to secure a fair settlement.
If the solicitor believes you have a strong case, they may offer you a Conditional Fee Agreement (CFA). A CFA means you can access their high-quality services without having to pay any upfront or ongoing solicitor fees. You also won’t need to pay these fees if your case is lost.
Instead, if you win, the solicitor will charge a success fee for the work performed on your case. The success fee is a capped percentage of your compensation that is agreed with the solicitor before they start working on your case.
Contact Us
Whether you are ready to claim compensation for anxiety after a car accident or want to know more about how the process works, our advisors are here to help you. You can get in contact today by:
- Using our online chat below.
- Sending a message via our contact page.
- Phoning 0800 073 8803.
Learn More
Discover more about accessing emotional and mental health services, as well as claiming compensation, in these resources:
- Read about claiming compensation for nerve damage.
- Find out how claims for a car crash on the motorway work in this guide.
References:
- Read about post-traumatic stress disorder and driving in this government resource.
- Find out more about how to access NHS mental health experts and services.
- Use this resource from the British Psychological Society (BPS) to find a psychologist.
Please contact our advisory team if you have any questions about our guide to claiming for anxiety after a car accident.