A collision can leave someone physically intact and unable to drive, sleep, or work. In Ontario the law does not treat a psychological injury as less real than a broken bone, but insurers frequently do.
How this injury is treated in a claim
Psychological injury claims cover post-traumatic stress, anxiety that prevents driving, depression following a serious injury, and the grief of a family after a fatality. The claim is assessed on its effect on function, in the same way a physical injury is.
What the other side will say
- “There is no physical injury.” Legally this is not an answer.
- “It is pre-existing.” Prior counselling or a prior episode is frequently used to argue the collision changed nothing.
- “You are not in treatment.” Access to psychiatry and psychology in Durham Region is limited and often unaffordable without funding, which is itself part of the claim.
- “It is situational and will resolve.” Offered without any evidence as to when.
What makes the difference
- Early documentation of symptoms, even in a family doctor’s note.
- A psychological or psychiatric assessment by someone who has examined you.
- A record of what has been tried and what the waiting lists were.
- Evidence of the practical consequences: the job you left, the driving you no longer do, the things you have stopped going to.
The two claims that usually run together
After a motor vehicle collision there are normally two separate processes, and they have different deadlines. One is your accident benefits claim against your own insurer, which pays for treatment and income replacement. The other is the claim against whoever caused the collision. They run on different timetables and both matter. Our car accident page sets out the deadlines.
Read more
- Car accident claims
- Depression and anxiety in a disability claim
- Mental health and personal injury law
Speak to a lawyer about a psychological injury claim
Initial consultations are free. Our fee schedule is published in full, by stage of the case, on our Fair Fees page. Call 905-409-2438, send a text, message us on WhatsApp, or use the contact form.
Steven Polak is licensed as a lawyer in Ontario and practises with Lerners LLP at 123 Athol Street, Whitby.