Psychological Injury After a Car Accident in Ireland: What the Law Actually Requires
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 •
Summary: You can claim for psychological injury after a car accident in Ireland without any physical injury. Claims must meet the Kelly v Hennessy test: a recognised psychiatric illness caused by shock from the defendant's negligence. The Personal Injuries Guidelines (2021) [1] set compensation bands from €500 to €170,000. In a judgment delivered in November 2025, the High Court awarded €30,000 for PTSD arising from a December 2017 minor rear-end collision where the plaintiff had pre-existing vulnerability. Sykula v O'Reilly [2025] IEHC 638 [2]
Ireland vs UK: Unlike the UK, which applies restrictive Alcock controls to nervous shock claims, Ireland follows the broader Kelly v Hennessy test. This makes Ireland more favourable for secondary victim claims.
Key facts: Psychiatric claims at the IRB have nearly tripled since 2021, now representing 14% of all awards. Physical injury is NOT required. Compensation: €500–€170,000 depending on severity and prognosis. Two-year time limit from accident or date of knowledge. Sources: IRB H2 2024 Report [3]; Personal Injuries Guidelines1.
Contents
Key Facts at a Glance
What Counts as Psychological Injury After a Car Accident?
A psychological injury in Irish personal injury law means a medically recognised psychiatric illness, not just ordinary emotional distress. Normal grief, upset, or worry after an accident doesn't qualify. The condition must be diagnosable by a psychiatrist using clinical criteria.
The Personal Injuries Guidelines (2021)1 list psychiatric damage as a standalone injury category. This is separate from physical injuries like whiplash. You can claim for psychological injury alone, even if you walked away from the crash physically unharmed.
Common psychological injuries from car accidents include:
- Post-Traumatic Stress Disorder (PTSD) with flashbacks, nightmares, and hypervigilance
- Generalised anxiety disorder affecting daily life
- Depression triggered or worsened by the accident
- Adjustment disorder where symptoms arise but don't meet full PTSD criteria
- Driving phobia (vehophobia) preventing return to normal travel
- Panic disorder with recurring panic attacks
One common error people make: assuming you need physical injuries to claim. This hasn't been true since the Personal Injuries Resolution Board Act 2022, which allows the Injuries Resolution Board (IRB) [7] to assess wholly psychological claims. The 2024 IRB report shows psychiatric claims now represent 14% of all awards, up from just 5% in 2021.3
Kelly v Hennessy: The Five Criteria for Nervous Shock Claims in Ireland
To succeed with a psychological injury claim in Ireland, you must satisfy the Kelly v Hennessy test. This Supreme Court case from 1995 established five requirements that every psychiatric injury claim must meet. Understanding this test is essential because it's the foundation of Irish law on psychological claims.
The five Kelly v Hennessy criteria are:
| Criterion | What It Means | How Courts Assess It |
|---|---|---|
| 1. Recognisable psychiatric illness | Must be a diagnosable condition, not just distress | Formal psychiatric diagnosis (PTSD, anxiety, depression, etc.) |
| 2. Shock-induced | The illness must result from shock, not gradual realisation | Sudden impact or immediate aftermath, not slow deterioration |
| 3. Caused by negligence | The defendant's careless act caused the shock | Clear link between defendant's driving and your condition |
| 4. From actual or apprehended physical injury | Fear of injury to yourself or others you witnessed | You were in the crash or perceived serious danger |
| 5. Duty of care owed | The defendant owed you a legal duty | All road users owe duties to others; usually straightforward |
Source: Kelly v Hennessy [1995] 3 IR 253 [5]. The case remains good law, confirmed by the Court of Appeal in Sheehan v Bus Éireann [2022] IECA 28 [8].
What the statute doesn't tell you is this: the "shock" requirement has real teeth. In Germaine v Day [2024] IEHC 420 [9], a widow who watched her husband gradually deteriorate from a delayed cancer diagnosis failed the shock test. The court ruled that gradual realisation, even of something horrific, doesn't meet criterion 2. For car accidents, this is usually less problematic because collisions are sudden by nature.
Practical point: If you were physically involved in the collision (driver, passenger, pedestrian struck), your psychological injury is treated as a consequence of the physical incident. The strict nervous shock test applies most rigorously to witnesses who weren't themselves physically involved.
Compensation Bands: What Psychological Injuries Are Worth in Ireland
Compensation for psychological injury in Ireland follows the Personal Injuries Guidelines (2021)1, which replaced the old Book of Quantum. These Guidelines bind the IRB and guide the courts. A proposed 16.7% increase was recommended by the Judicial Council in 2024, but the Minister for Justice did not bring the resolution to the Oireachtas in July 2025, so the 2021 figures remain current. Oireachtas July 2025 [10]
| Severity | Compensation Range | Key Features |
|---|---|---|
| Severe | €80,000 – €170,000 | Poor prognosis; significant impact on ability to cope with life and work |
| Serious | €40,000 – €80,000 | Marked problems with life, education, work; better prognosis than severe |
| Moderate | €15,000 – €40,000 | Significant disability initially; good prognosis for improvement |
| Minor | €500 – €15,000 | Full recovery expected; includes travel anxiety resolving within 1-2 years |
| Severity | Compensation Range | Key Features |
|---|---|---|
| Severe | €60,000 – €120,000 | Permanent effects; prevents working; functional impairment across life |
| Serious | €35,000 – €80,000 | Significant disability; optimistic prognosis for gradual recovery |
| Moderate | €10,000 – €35,000 | Largely recoverable with treatment; no permanent disability expected |
| Minor | €500 – €10,000 | Symptoms resolve within two years; full recovery achieved |
Source: Personal Injuries Guidelines (Judicial Council, 2021), Chapter 4: Psychiatric Damage.1 Awards vary by individual circumstances.
The word "minor" in these tables is a legal classification about duration, not a dismissal of how distressing the symptoms feel. Travel anxiety that resolves within 12-24 months falls in the "minor" bracket, but the person experiencing it often wouldn't describe their fear as minor.
Important: If you have physical injuries and psychological injuries, courts don't simply add the values together. The Court of Appeal in Meehan v Shawcove [2022] IECA 208 [11] established the "dominant injury" principle: identify the most severe injury, value it according to the Guidelines, then apply a modest uplift for secondary injuries to reach a proportionate total.
Whiplash Plus PTSD: How Courts Value Combined Injuries
The most common car accident claim involves both soft tissue injury (whiplash) and psychological injury. Understanding how courts value this combination prevents unrealistic expectations.
The Meehan principle in practice: You cannot simply add the whiplash bracket (say, €12,000-€23,000 for moderate neck injury) to the PTSD bracket (say, €10,000-€35,000 for moderate PTSD) and expect €22,000-€58,000. Courts apply a proportionality test.
How it works:
- Identify the dominant injury – the one causing greatest suffering and longest impact
- Value the dominant injury within its Guideline bracket
- Apply a modest uplift for secondary injuries (typically 10-25%, not the full bracket value)
- Check proportionality – the total must reflect the overall impact on the claimant's life
Which injury becomes dominant? This depends on your specific facts:
| Scenario | Dominant Injury | Why |
|---|---|---|
| Whiplash resolves in 18 months; PTSD persists 4+ years | PTSD | Longer duration, greater life impact |
| Severe neck injury requiring surgery; mild travel anxiety resolving in 12 months | Neck injury | Physical injury more severe, longer recovery |
| Both moderate severity, both persist equally | Case-specific | Court assesses overall suffering |
Practical example: In Sykula2, the plaintiff had both soft tissue injuries (neck, shoulder, arm) and PTSD. The court valued the PTSD at €60,000 (before the 50% causation discount). The physical injuries were acknowledged but didn't add a separate bracket—they formed part of the context in which the psychiatric injury developed.
PTSD, Anxiety, and Driving Phobia: Which Conditions Qualify?
Post-Traumatic Stress Disorder (PTSD)
PTSD is the most commonly claimed psychological injury after car accidents, but it requires specific diagnostic criteria. The Guidelines define symptoms as including "intrusive recollections of the event, sleep disturbance, nightmares, flashbacks, hyperarousal symptoms affecting breathing, pulse, bowel and bladder, avoidance behaviour and difficulty concentrating."1
You don't need to have been in immediate physical danger. Witnessing a serious collision or its immediate aftermath can trigger PTSD. What matters is the psychiatrist's formal diagnosis based on recognised criteria (DSM-5 or ICD-11).
Driving Phobia (Vehophobia)
Driving phobia, clinically called vehophobia or amaxophobia, is a distinct compensable condition. It falls within the psychiatric damage category in the Guidelines. Many people develop an intense fear of driving or being a passenger that prevents them returning to work or maintaining normal activities.
The McKee v Annett [12] case showed that even travel anxiety resolving within 12 months is compensable. If your phobia affects your work capacity (commuting, site visits, deliveries), this increases the award by demonstrating loss of amenity.
Adjustment Disorder
Adjustment disorder sits below PTSD in severity. It involves emotional or behavioural symptoms in response to an identifiable stressor, but the symptoms don't meet the full diagnostic criteria for PTSD. This is a common diagnosis when someone struggles to cope after an accident but recovers with support. Compensation typically falls in the moderate to minor brackets for general psychiatric damage.
Witnesses and Family: Secondary Victim Claims in Ireland
You can claim for psychological injury in Ireland even if you weren't physically involved in the crash. Witnesses and family members who suffer psychiatric illness from seeing an accident can bring "nervous shock" claims. Ireland's approach here is more claimant-friendly than the UK's.
Ireland vs UK: Unlike the UK, which applies the restrictive Alcock controls requiring "close ties of love and affection" and strict proximity rules, Ireland follows the broader Kelly v Hennessy test. Irish courts haven't adopted the UK's rigid relationship categories.
In Sheehan v Bus Éireann [2022] IECA 288, a hairdresser who came upon a fatal accident scene and tried to help the dying victim was awarded €87,238 for psychiatric injury. She had no prior relationship with the victim. The Court of Appeal confirmed Kelly v Hennessy remains good law and didn't apply UK-style restrictions.
What matters for secondary victims:
- Proximity: Being at the scene or the immediate aftermath
- Sudden shock: A single traumatic event, not gradual awareness
- Recognisable illness: A diagnosed psychiatric condition
The "immediate aftermath" can include arriving at the scene shortly after and witnessing the wreckage or injured persons. Hearing about an accident by phone or identifying a body hours later at a morgue is less likely to satisfy the proximity requirement.
The Eggshell Skull Rule: Why Minor Accidents Can Cause Major Awards
The eggshell skull rule means defendants must take claimants as they find them. If you have a pre-existing vulnerability, the at-fault driver can't escape liability just because your reaction was more severe than average.
November 2025 Case: In Sykula v O'Reilly [2025] IEHC 6382, the plaintiff was rear-ended in a minor collision. She had a history of depression and psychological vulnerability. She developed PTSD, anxiety, and her life circumstances deteriorated significantly. Mr Justice Ferriter applied the eggshell skull rule and awarded €60,000, reduced by 50% for factors unrelated to the accident, giving a final award of €30,000.
The court ruled that because she suffered physical injury (soft tissue), the strict "nervous shock" test didn't apply to her psychiatric symptoms. The psychiatric injury was consequential to the physical tort.
This case busts a common myth: that minor accidents can't lead to substantial awards. One mistake we often see is people assuming their claim isn't worth pursuing because the collision looked minor. The legal test isn't about how the accident looked. It's about what happened to you.
Why Crash Mechanism Doesn't Determine Psychological Impact
Insurers often argue that low-speed collisions can't cause genuine psychological injury. The Sykula case2 directly contradicts this: a rear-end collision where airbags didn't deploy and physical damage was minor still resulted in PTSD requiring €30,000 compensation.
What matters for psychological injury isn't the crash mechanism. It's the perceived threat. A person who sees another vehicle approaching in their rear-view mirror and braces for impact can develop PTSD regardless of whether the actual collision was at 10 km/h or 50 km/h. The brain's fear response doesn't calibrate precisely to impact speed.
Factors that affect psychological response to collisions:
- Perceived threat vs actual severity: Anticipating a serious collision that turns out minor can still trigger PTSD
- Loss of control: Being stationary and struck (as in Sykula) removes any sense of agency
- Previous trauma: Prior accidents or mental health history increase vulnerability (eggshell skull applies)
- Physical symptoms: Even minor soft tissue injuries trigger the nervous shock pathway more easily
- Airbag deployment: Can be traumatic in itself; non-deployment doesn't mean the crash was trivial to experience
Practical point: Don't dismiss your claim because insurers describe the collision as "low-speed" or "minor impact." Courts assess what happened to you psychologically, not vehicle damage estimates.
How Different Collision Types Affect Psychological Injury
The type of collision affects how psychological injury develops. Different crash mechanics create different fear responses, and understanding this helps explain why your particular accident caused the symptoms it did.
| Collision Type | Psychological Impact Factors | Common Outcomes |
|---|---|---|
| Rear-end collision | No warning, loss of control, unable to brace, struck while stationary (as in Sykula) | Hypervigilance in traffic, mirror-checking anxiety, fear of being followed |
| Head-on collision | Seeing impact approach, time to anticipate death, maximum perceived threat | Severe PTSD, flashbacks of approaching vehicle, driving avoidance |
| T-bone / junction impact | Sudden lateral force, often involves running red lights, side airbag deployment, trapped feeling | Junction anxiety, difficulty as passenger, intrusive images of side window |
| Rollover | Disorientation, entrapment, prolonged threat during roll sequence, broken glass | Claustrophobia, severe driving phobia, fear of heights/bridges |
| Multi-vehicle pile-up | Sustained threat from multiple impacts, witnessing others injured, chaos | Complex PTSD, hypervigilance on motorways, panic in congestion |
| Pedestrian/cyclist struck | Complete vulnerability, direct body impact, no protective shell, often thrown | Severe PTSD, fear of roads/crossings, inability to return to cycling |
This table isn't about which collision "deserves" higher compensation—it's about understanding why your psychological response makes sense given what you experienced. A rear-end shunt at low speed can cause lasting PTSD precisely because the victim had no warning and no control.
How to Claim: IRB Process for Psychological Injuries
Most psychological injury claims go through the Injuries Resolution Board (IRB)7—formerly the Personal Injuries Assessment Board (PIAB) until 2023—before court. The IRB's role is to assess compensation without litigation. Since 2023, the IRB can assess wholly psychological claims.
Step 1: Get a psychiatric diagnosis. See your GP first, then ask for referral to a psychiatrist. The psychiatrist's report will form the core evidence of your claim.
Step 2: Gather supporting evidence. Collect your GP records, hospital attendance notes, and any therapy or counselling records. Keep a symptom diary if you can.
Step 3: Submit IRB application. Complete the application form and attach your medical reports. The fee is €90. The other party (usually their insurer) must respond within 90 days.
Step 4: Medical assessment. The IRB may arrange an independent medical examination. This is a forensic assessment, meaning the expert's duty is to the court, not to you. They'll ask about your background, the accident, current symptoms, and how your life has changed.
Step 5: Assessment or authorisation. If both parties consent, the IRB issues an assessment. If refused, you receive an authorisation to proceed to court.
Complex cases: Under section 17 of the Personal Injuries Assessment Board Act 2003 (as amended), the Board has discretion not to arrange for an assessment where the claim involves complex psychiatric injury that would be difficult to assess by normal means. In such cases, the IRB will issue an authorisation allowing the claimant to proceed directly to court.
While the official timeline for IRB assessment is 9 months, we typically see straightforward psychological claims take 12-18 months when you include gathering evidence and obtaining the psychiatric report. Complex cases with disputed causation take longer.
Evidence That Strengthens Your Claim
Psychiatric injury claims can be harder to prove than physical injuries because the damage isn't visible. Strong evidence makes a real difference.
Essential evidence:
- Psychiatrist's report confirming diagnosis and linking it to the accident
- GP records showing when symptoms started and treatment sought
- Treatment records from counselling, psychotherapy, or medication
- Symptom diary documenting nightmares, panic attacks, avoidance behaviour
- Witness statements from family or colleagues about changes in you
Strengthening evidence:
- Employment records showing sick leave or reduced capacity
- Before-and-after comparisons of activity levels, social life, hobbies
- Garda report or dashcam footage establishing the accident
- Hospital records if you attended A&E after the crash
Dashcam and CCTV: Why Footage Matters for Psychiatric Claims
Video evidence has particular value for psychological injury claims because it can demonstrate the shock element. Where PTSD or anxiety is claimed, footage showing the collision helps establish why a reasonable person might have perceived serious danger.
What footage can prove:
- Sudden onset: Shows the collision was abrupt, supporting the "shock" requirement in Kelly v Hennessy
- Perceived threat: Even low-speed footage can show an approaching vehicle the claimant saw coming
- Absence of warning: Being struck without warning can increase psychological impact
- Scene aftermath: Captures distress, disorientation, or panic immediately after impact
Preserving video evidence: CCTV is typically overwritten within 14-30 days. If a collision occurred near shops, petrol stations, or council CCTV cameras, request preservation immediately. Under GDPR Article 15, you can make a Subject Access Request for footage showing you or your vehicle. Data Protection Commission guidance [19]
Dashcam footage must be preserved on multiple devices. Courts accept dashcam evidence, and it's increasingly expected in liability disputes. If you have footage, don't edit it—provide the original file with metadata intact.
One common sticking point: people delay seeking treatment because they hope symptoms will pass, or they don't want to seem like they're exaggerating. This creates gaps in the medical record that insurers can use to question the severity of your condition. If you're struggling, see your doctor and ask for a referral.
Children's Psychological Injury Claims
Children can suffer psychological injury from car accidents, whether as passengers, pedestrians, or witnesses. Claims for children follow the same legal principles but with some important differences.
A child under 18 cannot bring a claim themselves. A "next friend" (usually a parent or guardian) brings the claim on their behalf. The limitation period is extended: the two-year time limit doesn't start running until the child turns 18, giving them until age 20 to claim.
For psychiatric assessment, children may be referred to CAMHS (Child and Adolescent Mental Health Services) [13] through the HSE. Evidence can include school reports showing behavioural changes, regression in development, or academic difficulties post-accident.
Signs of psychological injury in children after accidents:
- Nightmares, bedwetting, or sleep disturbance
- Separation anxiety or clinginess
- Regression to younger behaviours
- Fear of cars, travelling, or leaving the house
- Behavioural changes at school
Recent Court Awards: 2024–2025 Case Examples
Sykula v O'Reilly [2025] IEHC 6382
Award: €30,000 general damages (€60,000 reduced by 50%)
Facts: December 2017 minor rear-end collision. Plaintiff had pre-existing depression. Developed PTSD and anxiety.
Why it matters: Confirms eggshell skull rule applies. Minor accident can still yield significant award where plaintiff has vulnerability. Physical injury (soft tissue) removes need to prove strict nervous shock criteria for psychiatric symptoms.
Sheehan v Bus Éireann [2022] IECA 288
Award: €87,238
Facts: Hairdresser came upon fatal accident scene. No prior relationship with victim. Tried to help. Developed psychiatric illness.
Why it matters: Confirms Kelly v Hennessy remains good law. Bystanders can claim. Ireland doesn't follow UK's restrictive Alcock controls.
Germaine v Day [2024] IEHC 4209
Award: Dismissed
Facts: Widow claimed nervous shock after husband died from delayed cancer diagnosis. She witnessed his gradual deterioration.
Why it matters: Illustrates what does NOT qualify. Gradual realisation fails the "shock" requirement. The injury must come from sudden impact, not slow awareness of tragedy.
Time Limits and Exceptions
The standard limitation period for personal injury claims in Ireland is two years from the date of the accident. Citizens Information6
For psychological injuries, the "date of knowledge" exception can apply. If you didn't immediately realise you had a significant injury, time may run from when you became aware (or should reasonably have become aware) that you had a condition worth claiming for. This matters because PTSD symptoms sometimes emerge months after the accident.
For children, the two-year period doesn't begin until they turn 18. A person injured as a child has until age 20 to bring a claim.
The stated deadline is strict, but the "date of knowledge" analysis can be complex. If you're approaching two years and haven't started the process, don't assume it's too late without checking.
Treatment Options in Ireland
Treatment for psychological injuries from car accidents typically involves:
EMDR (Eye Movement Desensitisation and Reprocessing): Recommended by the WHO [14] and NICE guidelines [15] for PTSD. Available privately in Ireland through EMDR All Ireland [16]. HSE availability is limited and waiting lists can be long.
Cognitive Behavioural Therapy (CBT): The most evidence-based talk therapy for anxiety and depression. Available through HSE counselling services and privately.
Medication: SSRIs (antidepressants) may be prescribed by your GP or psychiatrist, often alongside therapy.
Private treatment costs can be claimed as special damages in your case. Keep receipts for psychiatric consultations, therapy sessions, and prescriptions.
Uninsured and Hit-and-Run: MIBI Claims for Psychological Injury
If the driver who caused your psychological injury was uninsured or fled the scene (hit-and-run), you can still claim through the Motor Insurers' Bureau of Ireland (MIBI) [20]. The same compensation bands apply, but there are additional procedural requirements specific to MIBI claims.
MIBI process for psychological injury claims:
- Report to Gardaí: Within 2 days or as soon as reasonably possible. For hit-and-runs, report immediately—the Garda PULSE reference is essential.
- Formal MIBI notification: Complete and submit the MIBI claim notification form.
- IRB application: Most injury claims still go through the IRB, naming MIBI as respondent.
- Untraced driver interview: Cooperate within 30 days when requested by MIBI.
Evidence is critical for MIBI claims. Without an identified insurer investigating, you need to build your case independently. Preserve dashcam footage, request CCTV immediately, photograph the scene and any vehicle damage, and collect witness contact details. For psychological injury claims specifically, the MIBI will require the same standard of psychiatric evidence—a diagnosis linked to the accident.
Important: If you knew or ought to have known that the vehicle was uninsured, stolen, or being driven dangerously, you may be excluded from MIBI cover under the 2009 MIBI Agreement. Passengers who accepted a lift knowing the driver had no licence or was intoxicated face potential exclusion.
MIBI compensation amounts are the same as insured claims—the Personal Injuries Guidelines apply. The difference is procedural: MIBI claims often take longer to resolve, and the burden on the claimant to prove the accident occurred is higher when the at-fault driver can't be traced.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary based on individual circumstances. Compensation figures are from the Personal Injuries Guidelines (2021) and are indicative ranges, not guarantees. Time limits apply. Consult a qualified solicitor for advice specific to your situation.
Common Questions
Do I need physical injuries to claim for psychological trauma after a car accident?
No, physical injury is not required. Since the Personal Injuries Resolution Board Act 2022, the IRB can assess wholly psychological claims. The Personal Injuries Guidelines list psychiatric damage as a standalone category.
- Standalone psychological claims now represent 14% of IRB awards
- You must have a recognised psychiatric illness, not just distress
- A psychiatrist's report confirming diagnosis is essential
Why it matters: Many people wrongly assume they can't claim without physical injury and miss out on compensation they're entitled to.
Next step: IRB claims process7 • Personal Injuries Guidelines1
How much compensation can I get for PTSD after a car accident in Ireland?
PTSD compensation ranges from €500 to €120,000 depending on severity. Minor PTSD (resolving within two years) attracts €500-€10,000. Moderate PTSD attracts €10,000-€35,000. Serious PTSD with significant disability attracts €35,000-€80,000. Severe PTSD with permanent effects attracts €60,000-€120,000.
- Bands are from the Personal Injuries Guidelines (2021)
- Severity depends on symptoms, treatment response, and prognosis
- Individual circumstances affect exact figure within the band
Why it matters: Knowing the bands helps set realistic expectations, but exact awards depend on your specific case.
Next step: Personal Injuries Guidelines Chapter 41
Can I claim if I witnessed a car accident involving a family member?
Yes, witnesses can claim for nervous shock in Ireland. You must meet the Kelly v Hennessy criteria: have a recognised psychiatric illness, induced by shock from the negligent act, where you perceived actual or threatened injury. Ireland's approach is more generous than the UK's.
- You don't need to have been physically involved
- Proximity to the accident or its immediate aftermath matters
- Ireland doesn't apply the UK's restrictive Alcock controls
Why it matters: A hairdresser with no connection to the victim received €87,238 in Sheehan v Bus Éireann after coming upon a fatal scene.
Next step: Kelly v Hennessy [1995]5
Can a minor car accident cause a valid psychological injury claim?
Yes, the severity of the accident doesn't determine the validity of your claim. Under the eggshell skull rule, defendants take claimants as they find them. If you have pre-existing vulnerability, you can still recover in full. The November 2025 Sykula case awarded €30,000 for PTSD from a minor rear-end collision.
- Eggshell skull rule protects vulnerable claimants
- Pre-existing depression or anxiety doesn't bar your claim
- Courts can discount for factors unrelated to the accident
Why it matters: Don't dismiss your claim because the accident looked minor. Your psychiatric response is what matters.
Next step: Sykula v O'Reilly [2025]2
How long do I have to make a psychological injury claim?
You have two years from the date of the accident, or from the "date of knowledge" if you didn't immediately know you had a significant injury. For children, the two-year period doesn't start until they turn 18.
- Standard limit is two years from accident
- Date of knowledge exception can extend this
- Children have until age 20
Why it matters: Missing the deadline can bar your claim entirely, though delayed-onset psychiatric symptoms may engage the knowledge exception.
Next step: Citizens Information: Time limits6
What evidence do I need for a psychological injury claim?
A psychiatrist's report confirming diagnosis is essential. You'll also need GP records, therapy or treatment records, and evidence of how your life has changed. Witness statements from family or colleagues help corroborate your symptoms.
- Psychiatric report linking condition to accident
- Medical records showing when symptoms started
- Symptom diary documenting daily impact
- Employment records if work affected
Why it matters: Gaps in medical records can weaken your claim. See a doctor even if symptoms seem minor initially.
Next step: IRB Claimant Guide [17]
Do psychological injury claims go through the IRB?
Yes, most psychological injury claims start at the IRB. Since 2023, the IRB can assess wholly psychological claims without any physical injury. The process is the same as other personal injury claims: submit application, provide medical evidence, await assessment.
- €90 application fee
- Respondent has 90 days to reply
- Independent medical assessment may be arranged
Why it matters: Starting at the IRB is mandatory for most claims. Going straight to court without IRB authorisation can cause problems.
Next step: IRB: Making a claim7
Is fear of driving after an accident compensable?
Yes, driving phobia (vehophobia) is a recognised compensable condition. It falls under psychiatric damage in the Personal Injuries Guidelines. If the phobia prevents you returning to work or maintaining normal activities, this affects the award.
- Travel anxiety falls in minor psychiatric damage bracket
- Compensation €500-€15,000 if resolving within 1-2 years
- Higher awards if permanent or severely affecting work capacity
Why it matters: Many people don't realise driving phobia is a separate head of damage worth claiming.
Next step: Guidelines Chapter 41
Can I claim for psychological injury if the other driver was uninsured or fled the scene?
Yes, claims go through the Motor Insurers' Bureau of Ireland (MIBI). The same compensation bands apply. You must report to Gardaí within 2 days (or immediately for hit-and-runs) and formally notify MIBI. Evidence preservation is critical—dashcam, CCTV, witnesses.
- Same psychological injury bands apply as insured claims
- Must report to Gardaí and complete MIBI notification form
- Untraced driver claims require interview within 30 days
- Passengers who knew driver was uninsured may be excluded
Why it matters: Many people assume they can't claim when the driver fled or had no insurance. MIBI exists precisely for these situations.
Next step: MIBI – Making a Claim20
Can passengers claim for psychological injury from a car accident?
Yes, passengers can claim, and liability is often simpler. Passengers are rarely at fault for collisions. You claim against whichever driver was negligent—this may be your own driver, the other vehicle's driver, or both if liability is split. You can claim even if a friend or family member was driving.
- Same compensation bands apply as for drivers
- Contributory negligence rarely applies to passengers
- Claim goes through the at-fault driver's insurer
- If both drivers share blame, you can claim against both
Why it matters: Some passengers hesitate to claim when a friend was driving. The law doesn't require you to choose loyalty over your legal rights.
Next step: IRB: Making a claim7
Can my child claim for psychological injury from a car accident?
Yes, children can claim, with a parent or guardian acting as "next friend." The limitation period doesn't start until the child turns 18. Evidence can include school reports, behavioural assessments, and referral to CAMHS for diagnosis.
- Parent brings claim on child's behalf
- Child has until age 20 to claim
- CAMHS can provide psychiatric assessment
Why it matters: Childhood trauma can have lasting effects. The extended time limit protects children's rights.
What treatment is available for PTSD after a car accident in Ireland?
EMDR and CBT are the recommended treatments for PTSD. EMDR is endorsed by WHO and NICE guidelines. It's available privately through EMDR All Ireland, with limited HSE availability. CBT is available through HSE counselling services and privately. Medication (SSRIs) may also be prescribed.
- EMDR is gold standard for trauma
- CBT effective for anxiety and depression
- Private treatment costs can be claimed as special damages
Why it matters: Effective treatment improves your prognosis, which affects compensation. Keep receipts for all treatment costs.
Next step: EMDR All Ireland16 • HSE Mental Health Services [18]
What to Consider Next
If you're thinking about a psychological injury claim, these related questions often come up:
Driver, Passenger, or Pedestrian: Does It Affect Your Claim?
The same psychological injury compensation bands apply whether you were driving, a passenger, a pedestrian, or a cyclist. However, the legal considerations differ slightly:
Drivers: If you were driving and not at fault, your claim is against the other driver's insurer. If you were partly at fault (contributory negligence), your award is reduced proportionally—20% fault means 20% reduction. Psychological injury claims are assessed identically to physical injuries in this regard.
Passengers: Passengers are rarely at fault, making liability simpler. You claim against whichever driver caused the accident—this may be your own driver, the other vehicle's driver, or both if liability is split. Passengers can claim even if a friend or family member was driving.
Pedestrians and cyclists: As vulnerable road users, pedestrians and cyclists often sustain more severe injuries for a given impact. Courts recognise this vulnerability. The psychological impact of being struck by a vehicle while unprotected can be particularly severe, and awards reflect this.
What if I was partly at fault for the accident? You can still claim, but compensation may be reduced for contributory negligence. If you were 20% responsible, your award would be reduced by 20%.
What if symptoms started weeks or months after the accident? Delayed-onset psychological symptoms are common with PTSD. The date of knowledge exception can apply to time limits. Document when symptoms began and when you sought treatment.
What if the other driver was uninsured? Claims against uninsured or untraced drivers go through the MIBI. The same compensation bands apply, but there are additional procedural requirements including Garda reporting within 2 days.
References
All sources accessed January 2026 unless otherwise noted. Irish Statute Book citations are to official published versions.
- Personal Injuries Guidelines, Judicial Council of Ireland, 2021. Chapter 4: Psychiatric Damage.
- Sykula v O'Reilly [2025] IEHC 638, Irish Legal News, November 2025.
- Personal Injuries Awards Values Report H2 2024, Injuries Resolution Board, 2025.
- Personal Injuries Resolution Board Act 2022, Irish Statute Book.
- Kelly v Hennessy [1995] 3 IR 253, Supreme Court of Ireland.
- Injuries Resolution Board, Citizens Information, 2025.
- Making a Claim, Injuries Resolution Board, 2025.
- Sheehan v Bus Éireann [2022] IECA 28, Court of Appeal.
- Germaine v Day [2024] IEHC 420, Hayes Solicitors case summary.
- Personal Injury Claims – Tuesday, 15 Jul 2025, Oireachtas.
- Meehan v Shawcove [2022] IECA 208, RDJ Solicitors case summary.
- McKee v Annett [2013] NIQB 72, Judiciary NI.
- CAMHS, Health Service Executive.
- Post-Traumatic Stress Disorder, World Health Organization.
- Post-traumatic stress disorder (NG116), National Institute for Health and Care Excellence.
- EMDR All Ireland.
- Claimant Guide, Injuries Resolution Board.
- Mental Health Services, Health Service Executive.
- Your Rights Under GDPR, Data Protection Commission, Ireland.
- Making a Claim, Motor Insurers' Bureau of Ireland, 2025.
Additional Resources
Personal Injuries Guidelines Committee – Judicial Council updates
Injuries Resolution Board – Making a Claim
Citizens Information – Personal Injury Claims
Car Accident Claims – Main guide
Compensation Calculator – General damages guide
Time Limits – Limitation periods explained
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
