PTSD and psychological injury
Of all the compensable harm that goes unclaimed, this is the largest category. People describe their broken wrist in detail and never mention that they have not driven on a freeway in eight months.
What it looks like after a collision or an assault
- Intrusive memories, flashbacks, or nightmares about the event
- Avoidance — of driving, of that intersection, of that type of vehicle, of the place it happened
- Hypervigilance, exaggerated startle response, bracing at every approaching car
- Persistent negative mood, irritability, detachment from people
- Sleep disturbance, concentration problems
Driving phobia after a serious crash is extremely common and extremely practical in its consequences: someone who cannot drive to work in Southern California has a genuine economic problem, not merely an emotional one.
How it is proved
By a treating mental health professional, with a documented diagnosis, standardised measures, and a treatment course. Self-reported distress with no clinical contact is close to unprovable, however genuine it is.
Treatment is also effective — trauma-focused cognitive behavioural therapy and EMDR both have substantial evidence behind them. Getting treated is both the right thing for you and the thing that creates the record.
The privacy trade-off, stated honestly
The scope of that waiver is contestable and is not unlimited, but the general direction is clear. It is a decision to make with full information rather than discover during discovery. For many people the claim is plainly worth it; for some it is not, and that is a legitimate choice.
Questions people ask
Can I claim for psychological injury if I was not physically hurt?
It is harder and depends on the circumstances. California does recognize claims for negligent infliction of emotional distress in defined situations, including for close family members who witness an injury to a loved one. Where there is a physical injury, accompanying psychological injury is straightforwardly compensable.
Will claiming PTSD mean they see my old therapy records?
Potentially, yes. Putting your mental condition in issue generally waives the psychotherapist-patient privilege as to that condition and can open relevant records and an examination by a defense psychologist. The scope is arguable but the risk is real, and it should be a deliberate decision made up front.
I am afraid to drive since the crash. Is that a real claim?
Yes. Driving phobia after a serious collision is common and well recognized, it responds to treatment, and its practical consequences — on work, on family logistics — are substantial. It needs to be diagnosed and treated to be documented, which is a good reason to raise it with a clinician rather than wait for it to pass.
Related
Reviewed October 2026 by Simon Aziz Budhwani, Esq., the attorney responsible for this site. Legal statements here name the California code section they rely on, so you can check them rather than trust them. This is information about the law in general, not advice about your situation.
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Tell us what happened and we will tell you honestly whether you have a claim worth bringing, what it is likely to involve, and how long it tends to take. The review is free and there is no fee unless there is a recovery.