In the world of car insurance, policyholders generally expect that when unforeseen incidents occur, the insurance company will fulfill its duty to provide assistance and fairly compensate for any damages. However, reality doesn’t always align with such expectations. One particularly notable case involves an insurance company that cited retroactive alcohol test results as grounds to deny a claim, despite lacking clear evidence. Ultimately, the dispute escalated to a court battle.
A Cautionary Case: How It Began – The Accident and Insurance Denial
The incident began when a policyholder was involved in a car accident that caused significant damage to the vehicle. Under standard insurance obligations, the company is expected to inspect the damage, assess the situation, and arrange for timely repairs to restore the vehicle to its original condition.
However, instead of providing coverage, the insurance company issued a formal letter denying the claim, citing the reason that “the driver’s blood alcohol level exceeded 50 milligrams percent at the time of the incident.”
When Evidence Is Unclear: No Actual Test Results at the Time of the Incident
Although it may seem that the insurance company was following the terms of the policy, upon closer examination, several uncertainties emerge. The company was unable to provide clear evidence of an alcohol test conducted at the time of the accident. Furthermore, they could not confirm that the testing equipment was certified to meet the required standards, nor was there a signature from the driver on the document confirming the test results.
Key Issue of the Case: Retroactive Alcohol Testing Without Evidence
The key issue in this case revolves around the insurance company’s practice of retroactively counting alcohol levels without any evidence of an actual alcohol test conducted at the time of the incident. This approach contradicts the directive issued by the Registrar’s Order No. 66/2563, which clearly states that the exclusion of liability based on alcohol conditions must be assessed based solely on the time of the incident.
Not Waiting to Be Exploited: Lawyer Takes Immediate Action
When the policyholder realized they were not being treated fairly, they reached out to Wongsakorn Law Office for assistance. The lawyer then took immediate steps to assert the policyholder’s rights by sending a formal letter demanding compensation from the insurance company. The letter referenced the regulations of the Office of Insurance Commission (OIC), stating that the insurance company’s delay or disregard in processing the claim violated the standards set under the Non-Life Insurance Business Act, B.E. 2566.
Court Ruling: Insurance Company Must Compensate
Ultimately, the case was brought to court, where all the evidence was considered. The court ruled in favor of the plaintiff, stating that the insurance company’s claim of retroactive alcohol testing without evidence to confirm the driver’s status at the time of the incident was an unlawful denial of liability.
Court Orders Compensation of Nearly 620,000 Baht, Including:
- Car repair costs: 550,000 Baht, with 15% annual interest
- Towing fees: 4,500 Baht
- Loss of use of the vehicle: 50,000 Baht
- Medical expenses: 5,506.69 Baht
- Legal fees: 10,000 Baht
Key Lesson from This Case: Consumers Should Consult a Lawyer Immediately After an Incident
This case clearly illustrates that consumers are at a disadvantage when dealing with insurance companies that seek to avoid liability using vague excuses, such as retroactive alcohol testing, without proper and clear supporting evidence.
This serves as another example emphasizing the importance for policyholders to have a lawyer who understands insurance law to provide advice and help pursue legal action if they are being taken advantage of.
Experienced Insurance Lawyer : When Insurance Companies Cite Retroactive Alcohol Testing – Wongsakorn Law Office
Wongsakorn Law Office is a law firm with extensive experience and expertise in insurance litigation, particularly in cases where insurance companies deny liability by citing retroactive alcohol test results without scientific evidence to support the claim. With our experience, we have never lost a case of this nature. If you or someone close to you has encountered a similar issue, don’t give up. We highly recommend consulting a lawyer as soon as possible, so you can fully exercise your legal rights and demand fairness.
Moreover, it is crucial to have a lawyer from the very beginning. In reality, insurance companies have lawyers ready to fight from the moment the accident happens. So, why shouldn’t you have a lawyer from the moment the incident occurs?
Don’t wait until it’s too late and end up with nothing — consulting a lawyer right away is the best solution. >>Contact us<<