Can I claim for psychological trauma after a motorcycle accident?

4 questions have been answered below, why not ask your own?

Apart from a high likelihood of suffering serious physical injuries, anyone in a motorcycle accident faces the prospect of suffering from post-accident stress or psychological trauma – commonly known as PTSD (post-traumatic stress disorder). In many circumstances, the time taken for a person to recover from psychological injuries can be far longer than the process of recovering from physical injuries.

A surprising amount of people injured in what are often traumatic and upsetting accidents have no idea that they can claim psychological damages as part of their personal injury claim.

Getting medical diagnosis

One of the problems that many personal injury claimants face is that they suffer in silence. Whether it’s the ‘stiff upper lip’ of the British that means that we don’t tell our doctors of our problems – particularly those relating to psychological injuries – or the perceived stigma that can accompany certain mental health issues, it is a problem that needs addressing. Without proper diagnosis of an injury, it is very hard to then add the extent of an undiagnosed injury to a personal injury claim. Therefore, it is vital that any person suffering with psychological trauma after an accident sees their GP and asks for a referral to a specialist.

This is all part of ensuring that you properly report and record your accident. Any claimant must prove to a 3rd party insurer just as to how badly any injuries that they have sustained have affected their life. By ensuring that all injuries – including those that can’t be seen, such as psychological trauma – are reported to the medical profession and that treatment is received, it is then possible to maximise the value of any settlement awarded to you as the 3rd party will not be able to dispute the medical evidence that supports your claim.

The kind of psychological trauma that victims of motorcycle accidents suffer can vary greatly and come in many different forms. Some ex-motorcyclists will struggle to get back on their bike and may well give up riding and use other forms of transport. Some with more severe problems may struggle to walk near moving vehicles and therefore have great difficulty living a normal life. Regardless of the severity of any PTSD issues, all people wishing to make a claim for personal injury compensation should see their medical professional and make sure that the injuries caused in their accident are on record.

4 questions have been answered below, why not ask your own?

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Questions & Answers

  • Paul

    Hi
    I was travelling in my van down the motorway, I had to brake hard, swerve and then pull over to avoid an accident that was nothing to do with myself.

    A motorcyclists helmet was on our side of the motorway, with the head inside.

    I had to try and brave it and be a traffic marshall in the fast lane until the police come. Am I entitled to compensation for distress etc?

    Reply
    • Ian Morris

      It can be possible for witnesses to an accident or for people who become materially involved in the aftermath of a collision or incident to themselves pursue a claim for emotional stress, trauma and upset. However, it is far from certain that you would be able to make a claim – even though the things you will have seen will clearly stay with you for a long time, if not ever.

      If you gave a statement to the Police regarding what you saw or did and were noted to have been a first responder, you may well have a potential claim. If your details were never taken by the Police and there is no record of you being present, you will not be able to make a claim.

      We would be happy to further consider your situation and look in to whether or not you can pursue a claim for the emotional distress you have suffered. Please call us on 01225430285 or email us at justice@direct2compensation.co.uk so that we can find out more and seek advice and opinion from our specialist Solicitors for you.

      Reply
  • William

    Hello
    I am a delivery driver for a huge company. In July I had a terrible high speed accident. A motorcyclist collided head on with the side of my van at speeds in excess of 100 mph. Tragically the motorcyclist lost his life. What I witnessed has haunted me since that day. The motorcyclist’s injuries were more reminiscent of a soldier stepping on an IED. I have been off work since and have not been able to drive at all. The thought of going back on the road petrifys me. The motorcyclist was not licensed or insured to drive the bike. Can I make a claim on my employers insurance?
    Thanks
    Will

    Reply
    • Ian Morris

      As the motorcyclist appears to have caused the accident, they are the liable party and any claim would be against them. As the Motorcyclist was not insured, you have no insurer to claim against so would have to address a claim for the psychological injuries sustained to the Motor Insurers Bureau (MIB). Our Solicitors can assist you in making a claim on a No Win No Fee basis to the MIB, should you wish to pursue action. I should point out that you do not HAVE to have a Solicitor to represent you with a claim to the MIB as you can complete an application to them and submit the same directly. Of course, we would recommend that you do have a Solicitor to act for you to ensure that your rights are properly upheld and that the full extent of the injuries and losses caused to you in the incident are noted and that any settlement appropriately accounts for the same.

      The MIB will handle the claim for any victim of uninsured or hit and run drivers and will act as if they are the insurers of the liable party.

      If you would like to find out more and start a claim, please call us on 01225430285.

      Reply
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