Free Traffic Legal Advice
General discussion => The Flame Pit => Topic started by: John U.K. on February 02, 2025, 12:42:55 pm
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Thanks, @Dave Green; 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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Remember you have 3 years from the date of the incident to make a claim (although there are exceptions).
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.
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You most certainly can claim for post traumatic stress disorder, but you have to meet the criteria. https://www.nhs.uk/mental-health/conditions/post-traumatic-stress-disorder-ptsd/overview/. 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).
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adjustment disorder?
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Last time I checked, you couldn’t claim for stress without it being a recognised psychiatric injury.
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Does he have a recognised psychiatric injury?
Not as far as I know: just stress caused by accident and 6+ months off work and loss of job.
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Does he have a recognised psychiatric injury?
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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.
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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.
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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.