Although accident-induced psychopathology was formerly considered as being associated with secondary gain, subsequent reports have refuted this contention. More recent studies have shown that road traffic accident-induced psychopathology can be a persistent and chronic disability, irrespective of whether the victim seeks compensation. This study describes the psychological assessment of 50 potential road traffic accident litigants referred by solicitors. They were all assessed within a hospital setting approximately three weeks after the receipt of the request for a psychological report. All participants completed measures of depression, anxiety, post-traumatic stress and subjective distress, and information was obtained about injuries sustained. The results suggest that the potential litigants who sustained an injury presented with significantly higher post-traumatic distress intrusion and avoidance scores, and that these scores are also influenced by the delay between the accident and the assessment. Furthermore, the sample showed intrusion, avoidance and perceived stress scores above normal population data. Reducing the delay between the accident and assessment has important clinical implications. However, it appears that solicitors rather than general practitioners initiate these referrals. Some implications for assessment prior to treatment are discussed.