Can I claim the cost of buying a car?

About a year ago I had a crash with a car that pulled out on me resulting in some fractures and psychological issues. I was diagnosed with post-traumatic stress disorder but the symptoms have fortunately now mostly resolved. My fractures have healed but I had to buy a car as I am too nervous to get back on a bike.  The car costs me a lot more to run and as I am only 42 this is going to be a big sum of money over my lifetime – can I claim these losses in my compensation claim?

Jason, by e-mail

Answer

You may well be able to claim this from the third party’s insurer. Your solicitor should send you to a clinical psychologist who will be able to comment on whether you are suffering from a “phobic anxiety disorder” relating to the fear of returning to motorcycling. The expert will also be able to provide an opinion as to whether Cognitive Behavioural Therapy (CBT) would be of assistance in curing the fear. If CBT is recommended then to comply with your duty to mitigate your loss (to keep it to a reasonable minimum) you should try the suggested treatment.

If the expert feels therapy will not help, or you try it and it does not help, then you should claim for the increased costs of having to run a car rather than a bike. Considering your age this could amount to a significant amount.