Scared to drive since the crash? Panic, flashbacks and what NJ law covers

Is it normal to be scared to drive after a crash?

Yes. In a private group of crash survivors, 257 of 387 posts we read were about what the crash did to people's minds, not just their bodies.¹

• Fear of driving or riding (57 posts): panic at the wheel even when the road is calm, avoiding highways, thinking about never driving again.
• Replaying it (42 posts): nightmares, flashbacks, seeing the other car coming over and over.
• Guilt (21 posts): survivor's guilt years later, and one driver who caused a crash nobody was hurt in and still felt guilty for not feeling worse.
• Not being understood (14 posts): family who expect you to be better by now.

You can be thankful you are here and still be hurting. If you are thinking about hurting yourself, call or text 988 at any hour.

What did it look like for people in the group?

Two members, in their own situations. Both posts are paraphrased because the group is private.

Can I claim for anxiety or PTSD after a crash in NJ?

It depends on one choice on your car policy: the lawsuit option. Find it on the page that lists your coverages (the declarations page).²

Most NJ drivers who never ticked a box have the limitation option, because it is the default. What that option means is explained in what the verbal threshold is in NJ.

Does PTSD count as a permanent injury in NJ?

The law does not name it. It calls an injury permanent when "the body part or organ" has not healed to work normally and will not with more treatment.²

The doctor's certification must rest on objective clinical evidence, and testing may not be "dependent entirely upon subjective patient response," as a 2001 NJ ruling stressed.⁴ Many anxiety diagnoses start from what you report, so PTSD alone is harder to certify. We found no NJ appeals ruling on PTSD alone in the sources we read.

When a physical injury does qualify, such as a displaced fracture, the nightmares and fear of driving count as part of your pain and suffering.

One rule people mix up: the old NJ law let you sue if you could not do most of your daily life for 90 of the first 180 days. The 1998 reform removed that category.⁴

Who pays for therapy after a crash in NJ?

Your own PIP, first, whoever caused the crash. It covers you and relatives living with you.⁵

• Send counseling bills to PIP like any other treatment, and ask the adjuster in writing what it needs before it pays.
• If you chose health insurance as primary, those bills go to your health plan first; see PIP or health insurance first.
• If you bought the income continuation part of PIP and cannot work, it pays part of lost wages; more in lost wages after a NJ crash.

The lawsuit option never limits bills and lost pay. Those stay claimable from the driver who caused it.²

How do I prove PTSD or driving anxiety?

With records made at the time, by doctors, in your words. Cases fall apart when there is no medical record: in 76 signed car cases a lawyer later handed back, 4 ended because the person had no injury on record or would not see a doctor.⁶

1. At every visit, say what you can no longer do: drive at night, take the highway, sit in the passenger seat.
2. Ask for a referral to a therapist and keep going; tell your doctor before you stop.
3. Keep a short log: date, what set off the panic, missed work or trips.
4. Save the names of people who saw the change, such as a partner or a coworker.

Other proof that holds up is covered in how to prove pain and suffering in New Jersey.