Can I claim for being too nervous to ride?

Eighteen months ago I was involved in a collision with a car that pulled across my path, causing me me some fractures and psychological problems. I was diagnosed with post-traumatic stress disorder but the symptoms are fortunately now only minor. My injuries have healed but I had to buy a car as I am too nervous to get back on a bike.  This is costing me a lot more to run and as I am only 42 this is going to be a large amount of money over my lifetime – can I claim this cost in my compensation claim?
James, Leicester

Answer

Potentially, yes you can claim this from the other side. Your solicitor should send you to a clinical psychologist. He/she will be able to determine whether or not 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 (keep 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 sum of money.

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