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#Post#: 56215--------------------------------------------------
Following RTA, can one claim damages for stress, etc.?
DIR By: John U.K.
Date: February 2, 2025, 6:42 am
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Following a RTA last July involving a friend's car(A) on a
single carriageway where an overtaking driver(B) at excessive
speed avoided an oncoming vehicle by cutting in front of the car
(C) (which was in front of A), causing C to spin and collide
with A, writing off A and causing my friend severe whiplash and
other injuries. He continues to receive treatment for the
former, the other injuries having healed.
His insurers continue to cover physiotherapy for his neck and
will cover for lost earnings.
However, as a result of this he has has lost his job (which
involved both lifting and driving) which has caused considerable
stress, etc. Has he any claim for damages against the overtaking
driver of B in respect of these unquantifiable damages, as his
insurers are not willing to make this?
What should his next steps be?
Deapite this being motoring related, this seemed the right
forum, but if not, could a mod please move to the correct forum.
#Post#: 56230--------------------------------------------------
Re: Following RTA, can one claim damages for stress, etc.?
DIR By: The Slithy Tove
Date: February 2, 2025, 8:16 am
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Dare I suggest he seeks out one of these no-win no-fee personal
injury lawyers (ambulance chasers we all love to hate)? They
will pretty quickly determine if he has a case or not, as they
are not prone to pursue lost causes.
#Post#: 56237--------------------------------------------------
Re: Following RTA, can one claim damages for stress, etc.?
DIR By: PallasAthena
Date: February 2, 2025, 9:06 am
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Your friend's insurer will not pursue this but it is not really
anything to do with the cover given under his own policy.
Possibly he might have a claim against the third party and their
insurer for stress and loss of employment but it isn't a simple
area of law and he needs to get specialist legal advice as
suggested in the previous post.
#Post#: 56257--------------------------------------------------
Re: Following RTA, can one claim damages for stress, etc.?
DIR By: Southpaw82
Date: February 2, 2025, 11:49 am
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Does he have a recognised psychiatric injury?
#Post#: 56412--------------------------------------------------
Re: Following RTA, can one claim damages for stress, etc.?
DIR By: John U.K.
Date: February 3, 2025, 11:43 am
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--- Quote from: Southpaw82 link ---
>
> Does he have a recognised psychiatric injury?
>
--- End Quote ---
Not as far as I know: just stress caused by accident and 6+
months off work and loss of job.
#Post#: 56417--------------------------------------------------
Re: Following RTA, can one claim damages for stress, etc.?
DIR By: Southpaw82
Date: February 3, 2025, 12:05 pm
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Last time I checked, you couldn’t claim for stress without it
being a recognised psychiatric injury.
#Post#: 56470--------------------------------------------------
Re: Following RTA, can one claim damages for stress, etc.?
DIR By: mickR
Date: February 3, 2025, 4:45 pm
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adjustment disorder?
#Post#: 59203--------------------------------------------------
Re: Following RTA, can one claim damages for stress, etc.?
DIR By: coffee pot
Date: February 21, 2025, 10:34 am
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You most certainly can claim for post traumatic stress disorder,
but you have to meet the criteria.
HTML https://www.nhs.uk/mental-health/conditions/post-traumatic-stress-disorder-ptsd/overview/.<br
/>Ideally, this should go through the insurers, but there is
nothing stopping your friend contacting a specialist PI
(personal injury) lawyer independently and discussing it with
them. Most will undertake pro bono assessments. Your friend will
need assessment by a psychiatrist and/or psychologist and/or a
neurologist. Remember you have 3 years from the date of the
incident to make a claim (although there are exceptions).
#Post#: 59234--------------------------------------------------
Re: Following RTA, can one claim damages for stress, etc.?
DIR By: Dave Green
Date: February 21, 2025, 3:41 pm
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--- Quote from: coffee pot link ---
>
> Remember you have 3 years from the date of the incident to
make a claim (although there are exceptions).
--- End Quote ---
It's actually 3 years from the date of the incident or 3 years
from the date that the injury became known about (whichever is
the later).
If the OP's friend was to obtain a diagnosis of a psychiatric
condition caused by the accident, it's possible that the 3 year
period for bringing a case will begin on the date of the
diagnosis.
#Post#: 59241--------------------------------------------------
Re: Following RTA, can one claim damages for stress, etc.?
DIR By: coffee pot
Date: February 21, 2025, 4:38 pm
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Thanks, [member=592]Dave Green[/member]; I am well aware of
that, hence my bracketed comments. I simply wanted to ensure
that the OP received the message that psychological damage was a
recognised complication of road collisions and got the ball
rolling without the unnecessary smokescreens of insurers and
other confusing but essentially irrelevant aspects.
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