# Can I claim for anxiety after a car accident? How it works URL: https://mywreckcheck.com/motor-vehicle-accident/can-i-claim-for-anxiety-after-a-car-accident Updated: 2026-10-14 Review: Reviewed by My Wreck Check Editorial Team, editorial review: primary sources checked and independently fact-checked Can I claim for anxiety after a car accident? It is non-economic loss, but states like New York, Florida and Michigan set an injury threshold first. Can I claim for anxiety after a car accident? Often you can raise it as part of the non-economic side of a claim: the harm that has no receipt. Whether you can actually recover for it depends on your state. In states with injury thresholds, such as New York, Florida and Michigan, the law first asks whether your injury crosses a set line, and the anxiety on its own may not get you there. - Anxiety is the kind of non-monetary harm New York's insurance law calls non-economic loss: "pain and suffering and similar non-monetary detriment." Florida's statute names "mental anguish." - In New York, one covered person can't recover non-economic loss from another after a crash unless there is a "serious injury," and the statute defines that term with a list of physical harms. - Florida allows damages for "pain, suffering, mental anguish, and inconvenience" because of bodily injury, in a suit against the owner, operator or occupant of an insured vehicle, only if the injury meets one of four thresholds, such as a permanent injury. - For a serious impairment, Michigan requires that it be "objectively manifested," meaning someone other than you can observe or perceive it from actual symptoms or conditions. - Once you sign the other insurer's release, Texas's public insurance counsel says, you are not going to get more money for your injury. ## Can I claim for anxiety after a car accident at all? Anxiety is something a claim can include. A crash claim has two parts. One covers losses with a paper trail: medical bills, lost pay, the car. The other covers what the crash did to your life, and that is where anxiety goes, along with pain, disturbed sleep and the dread of getting back behind the wheel. The [pillar guide on how a car accident claim works](https://mywreckcheck.com/motor-vehicle-accident/car-accident-claim) explains both parts and how a claim moves. The statutes use different words for that second part. New York's [Insurance Law 5102](https://www.nysenate.gov/legislation/laws/ISC/5102) calls it non-economic loss, which it defines as "pain and suffering and similar non-monetary detriment." Florida's [statute 627.737](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html) names "pain, suffering, mental anguish, and inconvenience." Michigan's [MCL 500.3135](https://codes.findlaw.com/mi/chapter-500-insurance-code-of-1956/mi-comp-laws-500-3135.html) says "noneconomic loss." So the answer to "can I claim for anxiety after a car accident" is less about whether anxiety counts and more about whether your state lets you claim this part of the loss at all. That is where injury thresholds come in. ## How injury thresholds limit an anxiety claim In the three states below, the law limits when you can recover pain and suffering from another driver, and each draws that line differently: **New York.** Under [Insurance Law 5104](https://www.nysenate.gov/legislation/laws/ISC/5104), between covered persons "there shall be no right of recovery for non-economic loss, except in the case of a serious injury." Section 5102 defines a serious injury with a list that includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use of a body organ or member, and significant limitation of use of a body function or system. Anxiety isn't named in the definition. Whether it can be part of a claim depends on the injury it comes with. **Florida.** Under [627.737](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html), you may recover for mental anguish "because of bodily injury, sickness, or disease" only if the injury involves one of four things: significant and permanent loss of an important bodily function, a permanent injury "within a reasonable degree of medical probability, other than scarring or disfigurement," significant and permanent scarring or disfigurement, or death. **Michigan.** [MCL 500.3135](https://codes.findlaw.com/mi/chapter-500-insurance-code-of-1956/mi-comp-laws-500-3135.html) keeps tort liability for noneconomic loss "only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement." A serious impairment must be "objectively manifested," which the statute explains as "observable or perceivable from actual symptoms or conditions by someone other than the injured person." It must also affect "the injured person's general ability to lead his or her normal life." Not every state uses a threshold like these. Outside them, how far a claim for emotional harm reaches is shaped by each state's own law, which this page doesn't try to summarize. A licensed attorney in your state can tell you which rule applies to you. Tool: [Claim deadline checker](https://mywreckcheck.com/motor-vehicle-accident/tools/claim-deadline-checker). How long you have to file in your state, and the much shorter notice deadline if a government vehicle was involved. ## What supports an anxiety claim Anxiety may leave no physical trace, and Michigan's statute shows why that matters: the impairment has to be observable by someone other than you. Even where no statute says so, the practical question is the same. Who besides you can describe what changed? The usual answers are records: - **Medical and counseling notes.** A visit where you described the symptoms, with a date close to the crash. The [National Institute of Mental Health](https://www.nimh.nih.gov/health/topics/anxiety-disorders) says anxiety disorders "involve more than occasional worry or fear," and for people who have them, "anxiety does not go away, is felt in many situations, and can get worse over time." A professional's notes record which of those you're dealing with. - **A diagnosis, if there is one.** NIMH lists a serious accident as one kind of traumatic event and says [PTSD](https://www.nimh.nih.gov/health/topics/post-traumatic-stress-disorder-ptsd) may be diagnosed when symptoms "last for an extended period after a traumatic event and begin to interfere with aspects of daily life." It also says that "most do not develop PTSD," so a diagnosis is a medical question, not something to assume. - **A plain record of daily life.** Short dated notes on what you avoid now, such as a route, the highway or driving at night, and on missed work or sleep. People close to you can also describe the change they've seen. Records like these also help with the first part of the claim: counseling bills and missed shifts are economic losses with a paper trail. **If things feel heavy right now** You don't need a claim to get help. The [National Institute of Mental Health](https://www.nimh.nih.gov/health/topics/post-traumatic-stress-disorder-ptsd) points people in crisis to the 988 Suicide & Crisis Lifeline: you can "call or text the 988 Suicide & Crisis Lifeline at 988 or chat at 988lifeline.org." ## Timing: anxiety that shows up later Anxiety sometimes builds over weeks, after the car is fixed and the adjuster has called. That matters because a settlement ends the claim. Texas's [Office of Public Insurance Counsel](https://www.opic.texas.gov/auto-insurance/third-party-claims) says the other insurer "will make you sign a release waiver for all claims," and that "once you sign that release, you are not going to get more money for your injury." It also says to "take your time before you sign anything." The [guide to car accident settlements](https://mywreckcheck.com/motor-vehicle-accident/car-accident-settlement) explains what a release covers and who gets paid out of the money. The other clock is your state's filing deadline, which keeps running while you wait to see how you feel. ## How the money for anxiety is taxed The source of the anxiety matters to the IRS. [IRS Publication 4345](https://www.irs.gov/pub/irs-pdf/p4345.pdf) says money for "emotional distress or mental anguish attributable to a personal physical injury or physical sickness" is treated the same as the payment for the physical injury, which is generally not taxable. If the emotional distress didn't come from a physical injury, you include it in income, minus medical expenses for that distress that you hadn't already deducted, and minus deducted expenses that gave you no tax benefit. A tax professional can tell you how that applies to your return. ## What anxiety adds to a claim's value This page doesn't put a dollar figure on anxiety or quote averages, because none of the official sources it relies on publishes one. Its weight depends on the injury it comes with, how well it's documented and your state's threshold. The guide on [what a back and neck injury claim is worth](https://mywreckcheck.com/motor-vehicle-accident/what-a-back-and-neck-injury-claim-is-worth) shows how this hard-to-price part of a claim gets argued. Tool: [Claim value estimator](https://mywreckcheck.com/motor-vehicle-accident/tools/claim-value-estimator). A low, typical and high range for your claim from your own bills, lost pay and mileage, adjusted for your state's fault rule. These are the realistic ways to handle it, starting with the one that asks least of you. **Work out what it is worth first.** Good when: Always, and especially before you answer an adjuster. Watch out: A range is a starting point for a conversation, not a prediction of what you will get. **Deal with the insurer yourself.** Good when: Nobody was hurt, or you were checked out and the bills are small and finished. Watch out: Once you sign a release the claim is closed for good, even if you feel worse later. **Use the free help your state already offers.** Good when: You want a lawyer's read but cannot pay, or you only need one question answered. Watch out: Legal aid has income limits and a bar referral service usually charges a small consultation fee. **Get a free case review from an injury firm.** Good when: You are still treating, you missed real work, fault is disputed, or a commercial vehicle was involved. Watch out: Injury firms work on contingency and take a percentage, commonly a third, plus case costs. Ask for the number in writing before you sign. This site gives no legal advice and no medical advice. For your health, talk to a doctor or licensed mental health professional; for your claim, ask a licensed attorney in your state. ## Bottom line Can I claim for anxiety after a car accident? Anxiety can be part of the non-economic side of a claim, but in states such as New York, Florida and Michigan the injury has to clear a legal threshold first. Records made close to the crash show what changed and when. A signed release closes the claim even if the anxiety gets worse later. Start the Wreck Check: https://mywreckcheck.com/check ## Common questions ### Is anxiety after a car accident part of an injury claim? It can be. Anxiety is the kind of non-monetary harm that New York's insurance law counts as non-economic loss, defined as "pain and suffering and similar non-monetary detriment." Whether you can recover it depends on your state's rules and on the injury. ### Can I claim for anxiety if I was not physically hurt? It depends heavily on the state. Florida allows damages for mental anguish because of a bodily injury, in a suit against the owner, operator or occupant of an insured vehicle, only when the injury meets one of its four thresholds, such as a permanent injury, and Michigan's insurance code limits noneconomic loss to death, serious impairment of body function or permanent serious disfigurement. A lawyer in your state can explain how its rules apply to you. ### Is a settlement for anxiety taxable? IRS Publication 4345 says money for emotional distress that comes from a physical injury is treated like the physical injury payment, which is generally not taxable. Money for emotional distress that does not come from a physical injury is included in income, reduced by related medical expenses. ### What if the anxiety starts weeks after the crash? Delayed reactions are part of why timing matters. Texas's Office of Public Insurance Counsel warns that once you sign the other insurer's release, you are not going to get more money for your injury, so anything that surfaces later is not covered by a claim you already closed. ### Does anxiety after a crash mean I have PTSD? Not necessarily. The National Institute of Mental Health says many people who live through a dangerous event have some symptoms at first, but most do not develop PTSD. ## Sources - [New York Insurance Law 5102: Definitions (serious injury, non-economic loss)](https://www.nysenate.gov/legislation/laws/ISC/5102) - [New York Insurance Law 5104: Causes of action for personal injury](https://www.nysenate.gov/legislation/laws/ISC/5104) - [Florida Statutes 627.737: Tort exemption; limitation on right to damages](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.737.html) - [Michigan Compiled Laws 500.3135: Tort liability for noneconomic loss](https://codes.findlaw.com/mi/chapter-500-insurance-code-of-1956/mi-comp-laws-500-3135.html) - [IRS Publication 4345: Settlements, taxability](https://www.irs.gov/pub/irs-pdf/p4345.pdf) - [National Institute of Mental Health: Post-traumatic stress disorder](https://www.nimh.nih.gov/health/topics/post-traumatic-stress-disorder-ptsd) - [National Institute of Mental Health: Anxiety disorders](https://www.nimh.nih.gov/health/topics/anxiety-disorders) - [Texas Office of Public Insurance Counsel: Information on third-party auto claims](https://www.opic.texas.gov/auto-insurance/third-party-claims)