Yes. Anxiety, fear of driving and post-traumatic stress caused by a crash are part of the noneconomic damages an injury claim can include in California, Texas and Washington. The claim is still subject to the deadline to sue: generally 2 years in California (Code of Civil Procedure 335.1) and Texas, and 3 years in Washington.
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Does the law count anxiety as part of a car accident claim?
It does, under the heading of noneconomic damages, the losses that have no receipt attached.
- California. The civil jury instruction on noneconomic damage, CACI 3905A, lists mental suffering, anxiety, humiliation and emotional distress, past and future. It tells jurors that no fixed standard exists for the amount and that they must decide a reasonable figure from the evidence.
- Texas. Section 41.001 of the Civil Practice and Remedies Code defines noneconomic damages to include “mental or emotional pain or anguish,” along with inconvenience and loss of enjoyment of life.
- Washington. The code uses the same vocabulary. For example, RCW 4.20.046 names pain and suffering, anxiety, emotional distress and humiliation as noneconomic damages in a claim that continues after the injured person’s death.
Anxiety usually travels with a physical injury claim, and the insurer pays for it as part of one settlement. What changes the value is proof of how long it lasted and how much it changed your life.
What kinds of anxiety after a crash can be part of the claim?
The health agencies describe a range. The National Institute of Mental Health lists car crashes among traumatic events and says it is natural to feel afraid afterward. It advises professional help when symptoms do not improve over time or interfere with daily life, with signs such as heavy worry, nightmares, flashbacks and avoiding places that bring back the memory.
MedlinePlus gives a direct example of avoidance: after a car accident, a person might stop driving. It also says PTSD symptoms usually start soon after the event but sometimes appear months or years later. NIMH notes that most people recover from early reactions, and that PTSD is diagnosed when symptoms last and interfere with relationships or work. Ongoing worry and panic attacks are described on the MedlinePlus page on anxiety disorders.
Only a licensed provider can diagnose any of these. This page explains the legal side and gives no medical advice.
How do I prove anxiety to an insurance company?
The adjuster cannot see anxiety, so the file has to show it.
- Records from a licensed provider. Tell your doctor about sleep problems, fear in the car and panic, not only about pain. If your doctor refers you to a psychologist, psychiatrist or licensed therapist, the notes from those visits are the strongest evidence. NIMH explains how to find a provider.
- A short daily journal. Write down nights you could not sleep, trips you avoided and days you missed work.
- People who know you. A spouse, coworker or friend can describe the change since the crash.
- Changes in how you get around. Rideshare receipts or a new route that avoids the freeway show the effect in practice.
Head injuries matter here too. The CDC lists anxiety or nervousness and irritability among concussion symptoms, and says emotional changes can show up a week or two after the injury. Mention any blow to the head to your doctor.
Can I claim if I already had anxiety before the crash?
Yes, for the part the crash made worse. California’s jury instruction CACI 3927 says a person is not paid for a condition they had before, but must be compensated for the effect when the defendant’s conduct made it worse. CACI 3928 adds that the at-fault driver is responsible even if you were more vulnerable than a healthy person. Expect the insurer to ask for your prior records, so be honest with your providers about your history.
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What can block or reduce an anxiety claim?
- Driving without insurance in California. Under Civil Code 3333.4, approved by voters as Proposition 213, an uninsured owner or driver generally cannot recover pain, suffering and other noneconomic losses from a car crash, with narrow exceptions.
- Missing the deadline. Texas also allows 2 years (section 16.003) and Washington 3 years (RCW 4.16.080). In California, a claim against a government agency must first be filed within 6 months (California Courts).
- Gaps in care. Months with no visits let the insurer argue the anxiety ended.
What to do now
- Tell your doctor about the anxiety, the nightmares or the fear of driving at your next visit, and ask whether a referral to a licensed mental health provider makes sense.
- Keep going to the appointments you schedule. Records that stop look like recovery.
- Start a dated journal and keep it private and factual.
- Ask a family member or coworker to write down what they have noticed.
- Do not sign a release for the other insurer until your provider can say how long treatment will last.
- If you feel in crisis, call or text 988. NIMH lists it as the Suicide and Crisis Lifeline, with help in Spanish. For treatment referrals, the free SAMHSA National Helpline is 1-800-662-4357.
Talk to us about your claim
If fear of driving or anxiety has followed you since the crash, call Beverly Law at (310) 552-6959 so we can review your records and deadlines. If you are still at the start, read what to do after a car accident that was not your fault. We handle car accident cases in California, Texas and Washington. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.
Common questions
Can I claim for anxiety if I was not physically hurt?
It is harder. Insurers usually pay for emotional harm as part of a physical injury claim, and the rules for emotional distress alone vary by state and by facts. A lawyer can tell you whether the facts fit.
Do I need a diagnosis of PTSD?
No. Anxiety, fear and distress can be part of the claim without a PTSD diagnosis. A record from a licensed provider still makes the claim far easier to prove.
Will my therapy records be shared?
When you claim emotional harm, the insurer will usually ask for records related to it. A lawyer can work to limit the request to what is relevant.
How much is anxiety worth in a settlement?
There is no fixed amount. Jurors are told to use their judgment and the evidence, and insurers weigh the same proof: duration, treatment and how daily life changed. See how to get more from a car accident settlement.
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Related pages
Car Accident Settlements · Car accident settlements · What to do after a car accident that was not your fault · How to get more from a car accident settlement · How long after a car accident can you claim injury · Law Blog
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Sources
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition: 3905A, 3927 and 3928
- California Courts Self-Help Guide: statute of limitations
- California Courts Self-Help Guide: claims against a government agency
- California Secretary of State, 1996 voter pamphlet: text of Proposition 213 (Civil Code 3333.4)
- California Department of Insurance: so you've had an accident
- Texas Civil Practice and Remedies Code chapter 41 (section 41.001)
- Texas Civil Practice and Remedies Code section 16.003
- Revised Code of Washington 4.20.046
- Revised Code of Washington 4.16.080
- MedlinePlus: anxiety
- MedlinePlus: post-traumatic stress disorder
- MedlinePlus en español: ansiedad
- MedlinePlus en español: trastorno de estrés postraumático
- National Institute of Mental Health: post-traumatic stress disorder
- National Institute of Mental Health: anxiety disorders
- National Institute of Mental Health: coping with traumatic events
- National Institute of Mental Health: help for mental illnesses
- Centers for Disease Control and Prevention: signs and symptoms of TBI
- SAMHSA National Helpline
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.