Making a post-traumatic stress claim
You keep reliving the crash, and it will not let you feel safe on the road again.
Post-traumatic stress disorder (PTSD) following a serious road accident is a recognised psychiatric condition. It is treated as a genuine injury in a road accident claim once a specialist confirms it. Reliving the crash or dreading the road again is not something to carry alone or explain away.
This page sets out how PTSD is diagnosed and how it fits into a claim.
What post-traumatic stress involves
PTSD typically involves intrusive memories or flashbacks of the crash. It also involves active avoidance of things that remind you of it, such as driving or a particular road. A persistent state of heightened alertness or sleep disturbance is common too. It usually follows a genuinely frightening or life-threatening accident, though the severity of the crash does not always match the severity of the reaction.
How it affects daily life and work
Avoiding driving, public transport, or even leaving the house can restrict work and independence. This can go far beyond what the physical injuries alone would explain. Concentration and sleep problems often follow, which can make returning to a normal routine slower than expected.
The evidence and specialist report you need
A psychiatrist’s assessment against recognised diagnostic criteria is the core of this evidence. So is a record of therapy and any medication. Together they form this part of the medical report for your claim. Specific, dated examples, such as the first time you tried and failed to drive again, are more useful than a general description.
How it factors into your claim
Pain, suffering and loss of amenities are assessed against the Revised Compendium of Personal Injury Awards and your medical evidence, under section 28A of the Civil Law Act 1956[1], on the same basis as a physical injury. A PTSD claim is heard through the same courts as any other motor accident claim. This includes the Sessions Court, which has unlimited jurisdiction regardless of the claim’s value[3]. How compensation is worked out covers the wider heads of loss involved.
Recovery and prognosis, realistically
Trauma-focused therapy helps many people recover significantly, particularly when started early. Some symptoms can persist for longer, especially around driving. A specialist’s honest, updated view of your progress matters more to the claim than an assumption that time alone will resolve it.
What to do next
Seek a referral for a proper psychiatric assessment as soon as you can. Keep track of specific situations that trigger symptoms, since these examples help the specialist and the claim alike. The general deadline to bring a personal injury claim is six years from the accident[2]. This leaves room to focus on treatment before the evidence needs to be finalised.
If low mood or general anxiety is present alongside the more specific PTSD symptoms, psychological injury covers that broader picture.
Common questions
How is post-traumatic stress (PTSD) different from just being shaken up after a crash?
PTSD is a specific psychiatric diagnosis with recognised features: intrusive memories or flashbacks, avoidance of reminders like driving, and a persistently heightened sense of alertness, all lasting well beyond the immediate aftermath. A psychiatrist assesses whether your symptoms meet this pattern, rather than you having to label it yourself.
I cannot bring myself to drive or even be a passenger anymore. Does that matter to the claim?
It matters a great deal. Avoidance of driving or travel is one of the recognised features of PTSD, and a specialist report should record exactly how it affects your daily life, work and independence, since this is genuine evidence rather than an inconvenience to mention in passing.
Do I need a formal PTSD diagnosis, or is describing my symptoms enough?
A formal diagnosis from a psychiatrist, made against recognised clinical criteria, is what a claim needs rather than a self-description alone. This does not make your experience less real beforehand; it simply reflects how the medical evidence is required to be documented.
Can a PTSD claim go to court if it does not settle?
Yes, and its value does not push it out of the usual process, since the Sessions Court handles motor accident claims of any size. Most claims still settle by negotiation, and a court hearing is only needed where liability or the assessment cannot be agreed.
Sources
- Malaysian Bar Council Circular No. 255/2018 (Revised Compendium of Personal Injury Awards, 2018) (accessed 2026-09-22)
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- Office of the Chief Registrar, Federal Court of Malaysia (accessed 2026-09-22)