PTSD After a Car Accident Claim in Ireland: Compensation, Evidence & How to Claim
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 · 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07 · 01 903 6408 ·
You can claim compensation for PTSD after a car accident in Ireland, even without physical injuries, provided a psychiatrist or psychologist has diagnosed a recognised psychiatric condition linked to the crash. The Judicial Council's Personal Injuries Guidelines (2021) [1] set specific PTSD compensation bands, from €500 for minor cases to €120,000 for severe PTSD. Most claims begin with the Injuries Resolution Board (IRB) [2]. Symptoms often emerge weeks after the collision, and the two-year time limit can start from your date of knowledge rather than the crash itself.
Clinical PTSD diagnosis + crash caused by negligence = eligible to claim. IRB application with psychiatric report, then assessment or court authorisation under s.17 for complex cases. Delayed symptoms? Date of knowledge extends the two-year deadline. Sources: Personal Injuries Guidelines, Citizens Information (IRB).
Quick answers
Contents
Can you claim for PTSD after a car accident in Ireland?
Yes, you can claim for PTSD after a car accident in Ireland if another driver's negligence caused or contributed to the collision, and a qualified professional has diagnosed you with post-traumatic stress disorder. Irish law recognises PTSD as a compensable psychiatric injury. It does NOT require broken bones or visible wounds. The Personal Injuries Guidelines1 include a standalone section for PTSD, separate from general psychiatric damage.
Three conditions must be met. First, the crash resulted from another party's negligence. Second, a psychiatrist or psychologist has formally diagnosed PTSD (not simply "stress" or "upset"). Third, a clear causation link connects the diagnosis to the collision. Ordinary emotional distress, grief, or temporary nervousness after an accident does not qualify. The Guidelines1 explicitly exclude upset, disappointment, and humiliation from compensation.
A detail that catches many claimants off guard: the distinction between a recognised psychiatric illness and normal post-crash anxiety determines whether your case proceeds. A GP noting "stress following RTA" on your chart is insufficient. A consultant psychiatrist documenting PTSD against DSM-5 or ICD-11 diagnostic criteria, with symptom duration, severity grading, and a prognosis, is what the IRB and courts require.
Pure PTSD claims (no physical injury) are valid in Ireland. The IRB can assess psychological-only claims. Where the case is complex, the Board may authorise court proceedings under s.17 of the PIAB Act 2003 [3] (as amended by the PIRB Act 2022 [4]). Unlike in England and Wales, where the limitation period for personal injury is three years under the Limitation Act 1980, Irish claimants have two years from the date of injury or date of knowledge.
Quick check: Could you have a PTSD claim?
Answer these five questions. This is general guidance, not legal advice. Every case depends on its specific facts.
1. Were you involved in, or did you witness, a car accident in Ireland?
What does car-crash PTSD actually look like?
Car-accident PTSD produces specific symptom patterns that differ from generic trauma descriptions. Standard clinical lists mention flashbacks, nightmares, and hypervigilance. In road-traffic cases, those symptoms take distinctive forms that many people don't immediately connect to PTSD.
Driving-specific manifestations include:
- Driving phobia or severe anxiety, such as freezing at junctions, refusing to drive on motorways, or avoiding the crash location entirely
- Passenger panic, including gripping the door handle, braking reflexively from the passenger seat, or needing to direct the driver constantly
- Intersection hypervigilance, meaning excessive checking at roundabouts or crossroads and inability to trust other drivers at junctions
- Route avoidance, where daily journeys are restructured to avoid the crash site or similar road types
- Flashbacks triggered by traffic sounds, such as sudden braking, horns, tyre screeches, or a sound resembling the impact
Beyond driving, car-crash PTSD commonly disrupts sleep with nightmares reliving the impact, causes emotional numbness or irritability, and leads to withdrawal from social activities. According to the HSE [5], symptoms can take up to a month to appear, and in some cases months or years. If symptoms persist beyond one month and actively disrupt daily life, clinicians move from considering an acute stress reaction to formally evaluating for PTSD.
Why does your diagnosis determine your compensation band?
Three different psychiatric diagnoses can follow a car accident, and each one leads to a different compensation bracket. This distinction directly affects what your claim is worth.
| Diagnosis | When diagnosed | Key difference | Compensation impact |
|---|---|---|---|
| Acute Stress Disorder | 3 days to 1 month post-crash | Short-term stress reaction that may resolve naturally | Lower bracket, often treated as minor psychiatric damage (€500-€15,000) |
| Adjustment Disorder | Within 3 months of crash | Less severe than PTSD, expected to resolve with support | Minor to moderate psychiatric damage (€500-€15,000 typical) |
| Post-Traumatic Stress Disorder | After 1 month of persistent symptoms | Recognised psychiatric illness that may be chronic, involving re-experiencing, avoidance, and hyperarousal | PTSD-specific bands apply (€500-€120,000 depending on severity) |
The difference between these three diagnoses is not academic. It determines which section of the Guidelines1 applies. A claimant diagnosed with adjustment disorder and expected to recover fully might receive €5,000-€10,000. The same claimant re-assessed as having moderate PTSD with ongoing symptoms moves into the €10,000-€35,000 bracket. Prognosis, meaning the likelihood of recovery, is the single biggest factor separating moderate from severe.
What are the PTSD compensation bands in Ireland?
The Judicial Council's Personal Injuries Guidelines include a standalone section for PTSD, distinct from the general psychiatric damage category. These bands remain unchanged as of March 20261.
| Severity | Range (general damages) | Key factors |
|---|---|---|
| Minor PTSD | €500 - €10,000 | Substantially resolves within 1-2 years with limited impact on daily life and work |
| Moderate PTSD | €10,000 - €35,000 | Ongoing symptoms with an encouraging prognosis, some impact on work and relationships |
| Severe PTSD | €60,000 - €120,000 | Marked impact on work, education, and personal life with poor prognosis, may require long-term treatment |
These figures cover general damages only, meaning pain, suffering, and loss of enjoyment of life. Special damages (therapy costs, medication, lost earnings, travel to appointments) are calculated separately and added on top. A claimant with moderate PTSD who has also lost six months' income and paid for private CBT will receive the Guidelines band plus every provable euro of out-of-pocket loss.
The Guidelines also address combined injuries. Where PTSD accompanies physical injuries such as whiplash or a fracture, courts assess the most serious injury first and then uplift the value to account for the secondary condition.
Recent Irish PTSD case outcomes
Two recent Irish court decisions illustrate how PTSD compensation is assessed in practice:
- Lipinski (a Minor) v Whelan [2022] IEHC 452: A schoolgirl injured in a road traffic accident where PTSD was agreed as the dominant injury. The High Court placed it at the top of the moderate band and awarded €35,000 in general damages for the PTSD element, with a further €25,000 uplift for additional physical injuries. This case confirmed how the Guidelines' "dominant injury plus uplift" approach works in practice for psychiatric claims.
- Zaganczyk v John Pettit Wexford [2023] IECA 223: A workplace explosion caused burn injuries and PTSD (agreed as the dominant injury). The High Court initially awarded €90,000 in total general damages. The Court of Appeal reduced this to €60,000, applying a "reality check" by comparing the total award against bands for more severe injuries such as neck injuries requiring spinal fusion (€70,000-€100,000). This case established that total awards must remain proportionate within the overall Guidelines framework.
These cases show that PTSD is taken seriously as a dominant injury by Irish courts, but that total awards are subject to proportionality checks against other injury categories.
General psychiatric damage is a different section. The Guidelines list general psychiatric damage separately: minor €500-€15,000, moderate €15,000-€45,000, serious €45,000-€80,000, severe €80,000-€170,000. PTSD is assessed under its own specific bands above. Unlike in England and Wales, where the Judicial College Guidelines use a different classification system, Ireland's Guidelines provide standalone PTSD brackets. Ensure your solicitor and psychiatric expert reference the correct section.
How long does car-crash PTSD typically last?
PTSD duration varies widely, and the expected recovery timeline directly determines which compensation band applies. The Guidelines1 use prognosis as a primary factor in separating minor, moderate, and severe brackets.
Typical recovery patterns after a car accident in Ireland:
- Acute stress reactions often resolve within days to weeks without formal intervention
- Minor PTSD typically responds to 8-16 sessions of CBT or EMDR and substantially resolves within 6 to 12 months
- Moderate PTSD may require 6 to 24 months of ongoing therapy, with symptoms persisting but improving over time
- Severe PTSD can persist for years, may require long-term psychiatric care, and in some cases becomes a permanent condition
The IRB statistics don't capture this nuance: a claimant assessed at month 6 may still be in the acute phase where prognosis looks encouraging (moderate band). The same claimant assessed at month 18, with symptoms that have plateaued despite treatment, may warrant the severe band. Timing of the psychiatric assessment relative to the recovery curve matters significantly for compensation. A quick settlement can be tempting, but it may not reflect where the condition will stabilise.
How common is PTSD after a road accident in Ireland?
Road traffic accidents are the leading cause of PTSD in the general population. A 2025 meta-analysis found a pooled PTSD prevalence of 26% among road traffic accident survivors [8]. The Road Safety Authority (RSA) [9] recorded 185 road fatalities in 2025, an 8% increase on 2024. RSA data also shows approximately 10 serious injuries for every fatality on Irish roads.
Combining these figures: if roughly 1,800 people sustain serious road injuries each year in Ireland, and international research indicates 26% of survivors develop PTSD, an estimated 470 people per year may develop PTSD from road accidents in Ireland alone. Psychiatric claims remain a small fraction of personal injury claims overall, suggesting significant under-claiming.
One detail that surprises clients: you don't need to have been in a high-speed crash. Research shows PTSD prevalence relates more to the person's perception of life threat during the collision than to objective crash severity. A low-speed rear-end collision at a junction can trigger severe PTSD if the person experienced sudden, uncontrollable fear.
Can a minor car accident cause PTSD worth claiming for?
Yes. A minor car accident can cause clinically diagnosed PTSD, and that PTSD is fully compensable under Irish law. Crash severity and PTSD severity are not the same thing. A 2025 meta-analysis of 69 studies found that psychological injury does not correlate reliably with the severity of vehicle damage or physical trauma [8]. The critical factor is your subjective experience of threat during the collision, not the repair bill.
You CAN claim for PTSD even if the collision involved minimal vehicle damage. Insurers frequently argue that a low-speed impact could not have caused serious psychiatric harm. This argument fails where a psychiatrist confirms a clinical PTSD diagnosis with documented symptoms, because the law compensates for the injury actually suffered, not the injury the insurer thinks you should have suffered.
What the timeline estimates don't account for: many people dismiss their own symptoms after a minor crash because they feel their experience "wasn't bad enough." Weeks or months of untreated flashbacks, sleep disruption, and driving avoidance then follow before they seek help. By then, the condition may have worsened from what could have been a minor, treatable reaction into moderate PTSD with a poorer prognosis and a higher compensation band.
What evidence strengthens a PTSD claim?
A PTSD claim stands or falls on its medical evidence and documentation trail. Unlike a fracture visible on an X-ray, PTSD is invisible. The burden of proof is higher, and insurers challenge causation more aggressively.
We call this the 4-Record PTSD Evidence Chain: four categories of documentation that, together, make a claim difficult to dispute.
Record 1: Medical trail
- GP records: Visit your GP as early as possible after symptoms appear. A dated GP note recording nightmares, sleep disruption, or anxiety within weeks of the crash creates the first link in the causation chain. Waiting months to see a doctor creates a gap that insurers exploit.
- Consultant psychiatrist report: A formal psychiatric assessment documenting diagnosis (PTSD, not just "stress"), symptom severity, treatment recommendations, and prognosis.
- Treatment records: Notes from CBT, EMDR, or other therapy sessions. These demonstrate both severity and persistence.
- Medication records: Prescriptions for anxiolytics, antidepressants, or sleep medication prescribed by your GP or psychiatrist.
Record 2: Contemporaneous personal record
- Symptom diary: A daily record of flashbacks, nightmares, panic episodes, and avoidance behaviours, with dates and triggers. Courts find contemporaneous records compelling.
- Witness statements: From family, friends, or colleagues who can describe behavioural changes since the crash. See witness statements.
What to record in your PTSD symptom diary
A useful symptom diary entry captures five things in two minutes. Courts and psychiatrists value specific, dated entries over vague recollections months later. Each entry should cover:
- Date and time of the episode or symptom
- Trigger, such as "heard a horn on the N11" or "had to sit in traffic at the junction where the crash happened"
- Symptom, for example "flashback lasting about 30 seconds" or "woke at 3am from nightmare about the crash"
- Duration and intensity, on a simple 1-10 scale
- Impact on your day, such as "could not drive to work, asked partner to take me" or "left meeting early because I couldn't concentrate"
A notes app on your phone works. You don't need a formal template. The key is consistency: a diary with entries from week 3, week 5, week 8, and week 12 post-crash shows a pattern that a single retrospective statement at month 9 cannot match.
Record 3: Accident evidence
- Garda report and PULSE reference: Confirms the accident occurred. See Garda incident numbers.
- Dashcam or CCTV footage: Proves accident severity. See dashcam and CCTV evidence.
Record 4: Impact evidence
- Employer records: Sick leave, reduced hours, workplace adjustments, or job loss linked to your condition.
- Therapy and medication receipts: For special damages calculation.
- Travel receipts: Taxis, public transport, and mileage to medical appointments.
One aspect the official guidance doesn't cover: social media activity. Insurers routinely check claimants' public profiles. Holiday photos or cheerful posts while claiming severe PTSD create a credibility problem at the independent medical examination. This doesn't mean stopping your life. It means being aware that your public digital presence may be examined alongside your clinical presentation.
↑ Back to topHow does delayed-onset PTSD affect the time limit?
PTSD symptoms frequently emerge weeks or months after a car accident, not at the crash scene. The HSE5 confirms symptoms can develop up to a month after the event, and clinical research shows delayed onset can occur significantly later.
Under the Statute of Limitations (Amendment) Act 1991, s.2 [6], the two-year limitation period can start from the date of knowledge, the point at which you first knew (or ought to have known) that you had a significant injury attributable to the crash. For PTSD, this is typically the date of formal psychiatric diagnosis, not the date of the collision.
Practical example: A driver is rear-ended in January. Physical bruising resolves within weeks. By April, persistent nightmares, driving avoidance, and concentration problems emerge. A GP referral in May leads to a psychiatrist diagnosing PTSD in July. The two-year clock may start from July (date of knowledge), not January (date of crash). However, this depends on the specific facts. Seek legal advice promptly.
Filing a complete IRB application pauses the limitation clock under s.50 of the PIAB Act 20033. The timing matters more than most guides suggest: an incomplete application, missing the medical report for instance, does not pause time. Only a complete application triggers the suspension.
Can you claim for driving phobia after a car accident?
Yes. Driving phobia after a car accident is a recognised symptom of PTSD and a separate compensable loss in Irish claims. Many claimants don't mention it because they assume it doesn't count. It does.
Loss of the ability to drive independently affects daily life profoundly, from commuting and school runs to social activities and employment options. Irish courts assess this impact under "loss of enjoyment of life" within general damages. Where driving phobia forces a claimant to rely on taxis, public transport, or others for daily travel, those additional costs form part of special damages.
Treatment options include CBT-based graded exposure therapy and EMDR (Eye Movement Desensitisation and Reprocessing). The HSE5 lists both as recommended treatments. The cost of private therapy for driving phobia, typically €80-€150 per session in Ireland and often 8-16 sessions needed, is recoverable as a special damage if properly receipted and linked to the crash.
Practical cost example: A typical CBT course for car-crash PTSD involves 12 sessions at an average of €120 per session, totalling approximately €1,440. If EMDR is used instead or alongside CBT, the total may range from €960 (8 sessions at €120) to €2,400 (16 sessions at €150). Medication costs (SSRIs, typically €15-€30/month with a prescription charge) and GP visits for referrals and monitoring (€50-€65 per visit, or free with a medical card) are additional recoverable expenses. Keep every receipt and invoice.
Can you claim PTSD as a passenger in a car accident?
Yes. Passengers can claim for PTSD after a car accident in Ireland, and their claims are often stronger than driver claims because passengers have zero control over the vehicle. The complete loss of agency during a collision, with no ability to brake, steer, or react, frequently produces more severe psychological trauma than the driver experiences.
Passenger PTSD claims have a unique complication: you may need to claim against someone you know. If your friend, partner, or family member was driving, the claim is made against their insurer, not against them personally. The insurer pays, not your friend. Many people abandon valid PTSD claims because they don't want to "sue" a loved one. In practice, the driver is often not even directly involved in the process once the insurer takes over.
Where multiple vehicles were involved, a passenger may have claims against more than one insurer. The claim is against whoever was negligent, and in multi-vehicle collisions, liability may be split. For passengers in taxis, buses, or ride-sharing vehicles, the operator's insurer is typically the respondent. See our guide on passenger injury claims for a detailed breakdown of these scenarios.
How does the IRB process work for PTSD claims?
Most PTSD claims after a car accident must begin with the Injuries Resolution Board (formerly PIAB). The process starts with a formal application (Form A) accompanied by the medical report and the application fee. The respondent is notified and has up to 90 days to consent to the IRB's assessment.
For psychological injury claims, the quality of the accompanying medical report is critical. A standard GP report documenting physical bumps and bruises is legally insufficient if your primary injury is PTSD. The application should include, or be closely followed by, a detailed report from a consultant psychiatrist covering diagnosis, symptom severity, treatment plan, and prognosis. The IRB's updated Form B (December 2023) now includes mandatory fields for prognosis, lifestyle impact, and mental health indicators.
The IRB assessment period for complex psychiatric injuries typically runs longer than for straightforward soft-tissue claims. Where the case is too complex for paper-based assessment, the IRB can issue an authorisation to proceed to court under s.173. Court proceedings allow oral evidence from psychiatric experts, capturing the nuances of invisible injuries that a paper assessment may undervalue. The PIRB Act 20224 also introduced a mediation option where both parties consent.
↑ Back to topWhat happens at a psychiatric IME?
The independent medical examination for a PTSD claim is fundamentally different from a physical examination. There are no X-rays or range-of-motion tests. Instead, the examining psychiatrist conducts a structured clinical interview lasting 45 to 90 minutes.
During the IME, the examiner will explore:
- The circumstances of the crash and your immediate emotional reaction
- When symptoms first appeared and how they progressed
- Specific symptom patterns, including re-experiencing, avoidance, hyperarousal, and negative mood changes
- Daily functioning impact on sleep, work, driving, relationships, and social life
- Treatment undertaken and response to treatment
- Pre-existing mental health history (this does NOT disqualify you, but the examiner must assess whether the crash caused or worsened your condition)
Preparation tip: Bring a one-page summary listing dates and triggers, covering when symptoms started, when you first saw your GP, when you began treatment, and how daily life has changed. Describe impact, not labels. "I haven't driven since the crash and my partner does every school run" is more useful than "I have hyperarousal." Your solicitor should debrief with you after the IME.
How do courts value PTSD alongside physical injuries?
Most car-crash PTSD claimants also have physical injuries such as whiplash, soft-tissue damage, fractures, or concussion. Irish courts do not value these separately and then add them together. Instead, the Guidelines direct courts to assess the most serious injury first, then uplift the value to reflect the additional suffering caused by secondary conditions.
PTSD often increases the overall award significantly because it affects recovery from physical injuries. Clinical evidence shows that people with comorbid PTSD and physical injuries experience longer recovery times, greater pain perception, and poorer rehabilitation outcomes.
Many clients with minor physical damage receive higher total awards once PTSD is documented with a clear prognosis. A minor rear-end collision causing €3,000-€5,000 in physical injury damages can yield a significantly larger total when a psychiatrist documents moderate PTSD with ongoing driving phobia and workplace impact.
What if you had anxiety or depression before the crash?
Pre-existing mental health conditions do NOT disqualify you from claiming for PTSD after a car accident in Ireland. Irish law applies the "eggshell skull" (or "thin skull") principle: a defendant must take the claimant as they find them. If you were more vulnerable to psychiatric injury because of a pre-existing condition, the at-fault driver is still liable for the harm their negligence caused or worsened.
The critical question is not whether you had prior anxiety or depression, but whether the crash caused new PTSD or materially worsened your existing condition. A psychiatrist's report must clearly delineate between pre-existing symptoms and crash-related deterioration. Courts may apply a discount to reflect the pre-existing element, but the crash-related worsening remains fully compensable.
The difference between assessment and acceptance often comes down to this: failing to disclose pre-existing conditions, which the IME will discover through your medical records, damages credibility. Full disclosure with expert analysis showing worsening is far stronger than concealment followed by discovery.
What if you were partially at fault for the accident?
You CAN still claim for PTSD even if you were partially responsible for the collision. Irish law applies the principle of contributory negligence under the Civil Liability Act 1961 [11]: your compensation is reduced by your percentage of fault, but the remainder is still recoverable.
For example, if a court determines you were 25% at fault (perhaps for not wearing a seatbelt or for minor inattention) and your total PTSD damages would otherwise be €40,000, you would receive €30,000. The PTSD itself is not diminished by your fault. Your compensation is.
Between assessment and settlement, the sticking point is usually the fault split. Insurers may argue a higher contributory negligence percentage specifically to reduce the psychiatric element of the claim, because PTSD damages can be substantial. Having your solicitor establish the fault position early, with dashcam footage or Garda evidence, prevents the insurer from inflating your percentage of blame during negotiations. See our guide on liability in car accident claims for more on how fault is determined.
↑ Back to topCan a child claim for PTSD after a car accident?
Yes. Children can develop PTSD after a car accident, and their claims follow specific rules in Ireland. Research indicates over 30% of children involved in road traffic accidents may develop PTSD symptoms. Children often display symptoms differently through behavioural changes, regression, school refusal, bedwetting, or clinging to parents rather than articulating flashbacks.
A child under 18 cannot bring a claim in their own name. A parent or guardian acts as "next friend" on the child's behalf. The time limit is extended: a minor has two years after turning 18 (until their 20th birthday) to initiate proceedings. Any settlement must be approved by a judge, and funds are held in court until the child reaches 18.
Early assessment matters. If your child is showing behavioural changes after a crash, speak to your GP about a referral to the Child and Adolescent Mental Health Services (CAMHS) [7]. Keep school records noting attendance or behavioural changes, as these form valuable supporting evidence.
Can you claim for witnessing a loved one's accident?
You may claim for PTSD if you witnessed a loved one's serious car accident, even though you were not in the vehicle. Irish law calls this a "nervous shock" claim, governed by the Supreme Court's five-part test in Kelly v Hennessy [1995] 3 IR 253.
To succeed as a secondary victim, you must prove:
- You suffered a recognisable psychiatric illness (not ordinary grief or upset)
- The illness was induced by shock, meaning a sudden, horrifying event, not gradual worry
- The shock was caused by the defendant's negligence
- The shock arose from actual or apprehended injury to you or another person
- The defendant owed you a duty of care to avoid foreseeable psychiatric harm
The Court of Appeal confirmed these principles remain the governing test in Sheehan v Bus Eireann [2022] IECA 28, where €85,000 in general damages was upheld for negligently inflicted psychiatric injury. For a detailed discussion of witness claims, see our guide on psychological injuries after a car accident.
What about PTSD from a hit-and-run?
Hit-and-run accidents often intensify PTSD because the victim's sense of injustice and vulnerability is compounded by having no identified wrongdoer. Compensation is still available through the Motor Insurers' Bureau of Ireland (MIBI) [10].
The legal procedure requires naming both the untraced or uninsured driver and the MIBI as formal respondents. Report to Gardai within two days or as soon as reasonably possible, then file through the IRB with MIBI added. For untraced drivers, MIBI may require an interview within 30 days of the IRB application. For full details, see our guide on claiming against an uninsured driver.
The PTSD evidence requirements are the same as for any other road-traffic PTSD claim, but you should also document how the hit-and-run element itself contributed to your psychological harm. The feeling of abandonment and lack of closure can be a distinct aggravating factor that a psychiatrist should address in their report.
↑ Back to topCommon mistakes that weaken PTSD claims
Avoidable errors undermine PTSD claims more often than genuinely weak cases. From handling these claims regularly, these are the patterns that create problems:
- Delayed GP visit: A six-month gap between the crash and the first medical record is the single biggest causation weakness. See your GP within weeks, even if symptoms seem manageable.
- No symptom diary: Without contemporaneous records, your account relies entirely on memory at the IME. Diaries with dates, triggers, and impact carry significant evidential weight.
- Social media contradictions: Posting holiday photos while claiming you can't leave the house creates a credibility problem that expert psychiatric evidence may not overcome.
- Wrong expert: A report from a counsellor or psychotherapist is not equivalent to a consultant psychiatrist's assessment. Courts and the IRB give greatest weight to psychiatrist reports.
- Stopping treatment: Discontinuing therapy or medication without clinical advice can be framed as a failure to mitigate. Continue treatment as advised and keep every receipt.
- Concealing pre-existing conditions: If you had prior anxiety or depression, the crash doesn't disqualify you. But failing to disclose pre-existing conditions, which the IME will discover, damages credibility. The question is whether the crash caused or materially worsened your condition.
Evidence checklist
Gather these items to build a strong PTSD claim (the 4-Record PTSD Evidence Chain):
Record 1, Medical trail:
- ☐ GP records (first post-crash visit with date and symptoms noted)
- ☐ Consultant psychiatrist report (diagnosis, severity, prognosis)
- ☐ Treatment records (CBT, EMDR, counselling session notes)
- ☐ Medication records (prescriptions with dates)
Record 2, Personal record:
- ☐ Symptom diary (daily entries with dates, triggers, impact)
- ☐ Witness statements (family, friends, colleagues on behavioural changes)
Record 3, Accident evidence:
- ☐ Garda report and PULSE reference number
- ☐ Dashcam footage or CCTV (if available)
- ☐ Photos of accident scene and vehicle damage
Record 4, Impact evidence:
- ☐ Employer records (sick leave, reduced hours, job changes)
- ☐ Therapy and medication receipts (for special damages)
- ☐ Travel receipts to medical appointments
Frequently asked questions
Can I claim for PTSD after a car accident if I had no physical injuries?
Yes. Irish law recognises purely psychological injuries as compensable, provided you have a formal diagnosis of a recognised psychiatric illness linked to the crash. You do NOT need broken bones or visible injuries.
Pure PTSD claims without physical injury face a higher evidentiary burden. The causation link between the crash and your diagnosis must be clearly established by a psychiatric expert. The IRB can assess pure psychological claims, and complex cases may be authorised for court under s.17.
Why it matters: Many people assume invisible injuries don't qualify. They do, but the quality of your psychiatric evidence is everything.
Next step: See your GP, get a referral to a psychiatrist, and speak to a solicitor about your timeline.
How much compensation can I get for PTSD after a car accident in Ireland?
The Personal Injuries Guidelines set PTSD-specific bands: minor €500-€10,000, moderate €10,000-€35,000, and severe €60,000-€120,000 in general damages. Special damages (therapy costs, lost earnings, medication) are calculated separately.
The band applied depends on severity, prognosis (likelihood of recovery), impact on work and daily life, and duration of symptoms. Claimants with poor prognosis and significant lifestyle disruption move toward the upper end of their band.
Why it matters: PTSD has its own section in the Guidelines. It is not assessed under the general psychiatric damage brackets. Ensure your solicitor references the correct section.
Next step: A psychiatric report stating your severity and prognosis determines which band applies. Arrange this through your solicitor.
How long do I have to make a PTSD claim after a car accident?
Two years from the accident or from your "date of knowledge", whichever is later. For delayed-onset PTSD, the clock may start from the date you were first diagnosed, not the crash date.
Filing a complete IRB application under s.50 of the PIAB Act 20033 pauses the limitation clock. An incomplete application does not. Children have until two years after their 18th birthday.
Why it matters: PTSD commonly appears weeks or months after a crash. If you're within two years of your diagnosis, you may still be in time even if the accident was longer ago.
Next step: Confirm your timeline with a solicitor. We can check your deadline and file a complete IRB application within time.
What evidence do I need for a PTSD car accident claim?
A consultant psychiatrist report is essential, documenting your PTSD diagnosis, symptom severity, treatment plan, and prognosis. Supporting evidence includes GP records, therapy notes, a symptom diary, the Garda report, and proof of financial losses.
The stronger your evidence trail, especially early GP records linking symptoms to the crash and a contemporaneous symptom diary, the harder it is for an insurer to dispute causation. See the 4-Record PTSD Evidence Chain in our checklist section.
Why it matters: PTSD is invisible. Without thorough documentation, your word stands alone against an insurer's challenge.
Next step: Start your symptom diary today and follow the evidence checklist above.
Can I claim for driving phobia after a car accident?
Yes. Driving phobia is a recognised symptom of PTSD and represents a compensable loss of independence and enjoyment of life. Additional transport costs (taxis, public transport) are recoverable as special damages.
The cost of treating driving phobia through CBT or EMDR, typically €80-€150 per session privately, is also recoverable if receipted and linked to the accident.
Why it matters: Driving phobia is often the most practically disabling aspect of car-crash PTSD, yet many claimants don't mention it.
Next step: Document your driving limitations and any alternative transport costs since the accident.
Is PTSD after a car accident treatable?
Yes. CBT and EMDR are the most effective treatments. Medication, typically SSRIs, can support recovery alongside therapy. The HSE5 recommends both CBT and EMDR.
Treatment does not weaken your claim. Engaging with treatment demonstrates severity, creates a medical records trail, and shows the court or IRB that you are taking reasonable steps to recover (duty to mitigate).
Why it matters: Treatment notes documenting persistence, response, and prognosis are among the strongest evidence you can present.
Next step: Follow your GP or psychiatrist's treatment plan and keep all invoices.
Can a child claim for PTSD after a car accident?
Yes, through a "next friend" (parent or guardian) who brings the claim on the child's behalf. The time limit is extended to two years after the child's 18th birthday. Any settlement requires court approval, and funds are held until the child turns 18.
Children may display PTSD differently: regression, school refusal, sleep disturbance, or behavioural changes rather than articulating flashbacks. A CAMHS7 referral may be appropriate alongside the GP visit.
Why it matters: Children's symptoms are often misread as behavioural problems rather than trauma responses.
Next step: See your GP about your child's symptoms and request a CAMHS referral if appropriate.
What happens at a psychiatric IME for a PTSD claim?
A structured clinical interview lasting 45 to 90 minutes. The independent psychiatrist asks about the crash, your symptoms, daily functioning, treatment response, and mental health history. There are no physical tests.
Preparation matters. Bring a short summary of key dates (crash, first symptoms, GP visit, treatment start) and describe daily impact in practical terms.
Why it matters: The IME report heavily influences the IRB assessment or court award.
Next step: Prepare your one-page summary and debrief with your solicitor after the examination.
What to consider next
What if the other driver was uninsured or untraced?
You can still claim for PTSD through the MIBI route. The evidence requirements are the same, but the respondent is MIBI rather than the driver's insurer. Report to Gardai within two days and formally notify MIBI.
What are the costs of therapy, and who pays?
Private CBT and EMDR sessions typically cost €80-€150 per session in Ireland. These are recoverable as special damages in a successful claim. For detailed cost calculation, see our guide on counselling and therapy costs after a car accident.
How long does a PTSD claim take to resolve?
Timelines vary widely. Straightforward cases assessed by the IRB can resolve in 9 to 18 months. Complex PTSD cases authorised for court may take 2 to 4 years. See our guide on how long car accident claims take.
References
- Judicial Council, Personal Injuries Guidelines (2021)
- Citizens Information, Injuries Resolution Board (Updated 2025)
- Personal Injuries Assessment Board Act 2003 (as amended)
- Personal Injuries Resolution Board Act 2022
- HSE, Post-Traumatic Stress Disorder (Updated 2025)
- Statute of Limitations (Amendment) Act 1991, s.2
- HSE, Child and Adolescent Mental Health Services (Updated 2025)
- Meta-analysis: PTSD prevalence among road traffic accident survivors, ScienceDirect (2025)
- Road Safety Authority, Provisional Review of Fatalities 2025
- Motor Insurers' Bureau of Ireland, Unidentified Vehicles (Updated 2024)
- Civil Liability Act 1961
Additional resources
- Car accident claims in Ireland, complete guide
- Other psychological injuries after a car crash
- How compensation is calculated in Ireland
- Time limits for car accident claims
- The car accident claim process in Ireland
- Evidence checklist for car accident claims
- Delayed symptoms after a car accident
- Concussion after a car accident
- Counselling and therapy costs after a car accident
- Injuries Resolution Board (IRB/PIAB) explained
Disclaimer: This is general information, not legal advice. Every case depends on its specific facts. Consult a solicitor for advice on your situation. Gary Matthews, Principal Solicitor, regulated by the Law Society of Ireland, Practising Cert No. S8178. Office: 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07. Phone: 01 903 6408.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
Contact us at our Dublin office to get started with your claim today