Recover fully first

Insurance Lesson Learned! The Policyholder Hit a Pedestrian but the Insurance Company Did Nothing When “trust” in an insurance company turns into double damage?

Posted on by wongsakornsiri
11
Nov

Lawyer Arm shares how to claim your legal rights correctly from the start.

In the world of insurance, many people believe that having a policy is a shield of protection when unexpected accidents happen, especially road accidents.
However, in reality, there are many cases where the insured must handle everything on their own, and worse, insurance companies sometimes refuse to take responsibility, leaving the policyholder to share the financial burden with the injured party.

This true story happened to a man who held a car insurance policy. He hit a pedestrian, causing injuries that required hospitalization. The police ruled him at fault. Everything seemed to proceed normally toward a claim until the insurance company refused to help, even with the advance payment for medical expenses.

The Insurance Company Refused to Advance Payment Despite Having the Claim Document

The insured man said he had all the required documents, a claim form and an accident report but the company told him both he and the injured person must “advance the payment first.”
Even with the claim form in hand, the insurer would not issue a guarantee letter for the hospital to claim directly. As a result, both the insured and the victim had to pay medical expenses from their own pockets first.

This might sound unbelievable, but such cases do happen. It’s a clear reminder that:

“Having insurance doesn’t automatically mean you’ll be protected in every case.”

When the Insured Becomes a Double Victim?

Since the police ruled him at fault, the insured had the legal duty to compensate the injured party.
But instead of the insurer managing the claim as promised, both the insured and the injured person had to jointly demand compensation from the insurance company.
This turned the policyholder into a “double victim” losing money, time, and peace of mind.

Lawyer Arm’s Advice: File a Joint Lawsuit as a Consumer Protection Case

Lawyer Arm suggests that if both the policyholder and the injured person file a lawsuit together against the insurance company, it can be considered a consumer protection case, as both are consumers suffering from unfair business practices.

If the court finds that damage truly occurred, the insured can claim full compensation including Lawyer’s fees.
In many cases, the court orders the insurer to pay for legal costs, though it depends on the evidence and court discretion.
That’s why having a lawyer from the very beginning is essential to ensure that every step follows the law and that your rights are fully protected.

Lawyers Can Legally Charge a Percentage of the Awarded Amount

Under Thai law, lawyers can legally charge a percentage-based fee from the recoverable amount.
Therefore, policyholders can make a transparent agreement with their lawyer, for example:

  • Setting a fair percentage from the total recovered amount; or
  • Paying a flat fee for the entire case.

This clarity helps avoid disputes later and ensures smoother case progression.

Don’t Wait Too Long Before Consulting a Lawyer

Lawyer Arm also warns:

“Don’t wait until you fully recover or years have passed before filing your claim. Once you’ve recovered, you may lose the right to claim compensation for permanent disability.”

In practice, many people wait too long only to receive partial compensation.
Always seek legal advice immediately after an accident, so your lawyer can verify your claim and documentation right from the start.

Insurance Companies Sell Easily but Claims Are Hard

Many insurance companies market themselves as “fast and reliable”, but when accidents actually happen, they often give excuses such as:

  • “We’re overloaded with cases.”
  • “It’s not our department’s responsibility.”
  • “We need to wait for documents from the hospital.”

In the end, the policyholder ends up doing all the paperwork and follow-ups.
As Lawyer Arm often says:

“When you sell insurance, you sell trust but when a client has an accident, you must serve them, not make excuses.”

Key Advice for Every Policyholder

1.Keep all evidence — claim forms, police reports, medical certificates, receipts.

2.Notify your insurer immediately after an accident and ask for a claim number.

3.Don’t sign any documents you don’t fully understand especially waivers or settlements.

4.Consult a lawyer right away if the insurer refuses to pay or delays the claim.

The Takeaway

Having insurance doesn’t guarantee fair treatment but knowing your rights and having a lawyer by your side can help you recover your losses and gain true justice.
In a world where companies compete to sell insurance, don’t forget as a policyholder, you must also learn to understand and defend your rights.
Consult a lawyer today so you’ll never be taken advantage of by an insurance company again.

General knowledge

A Cautionary Tale for Foreign Investors Lost 90 Million Baht for Not Understanding the Word “Mortgage”

Posted on by wongsakornsiri
10
Nov

A Cautionary Tale for Foreign Investors  A foreign investor bought a luxury riverside penthouse worth hundreds of millions of baht and almost lost 90 million because he misunderstood the word “mortgage” in the contract.
Lawyer Arm warns: Always have a lawyer review your documents before investing in real estate.

When “Not Understanding the Contract” Costs Tens of Millions

In recent years, Thailand’s real estate market has drawn strong attention from international investors especially luxury riverside condominium projects developed by billion-baht companies.
Many foreign investors see these properties as prime assets for long-term rental income or capital appreciation.

However, opportunity always comes with risk.
 One of the cases Lawyer Arm handled involved a foreign investor who almost lost 90 million baht simply because he misunderstood a single legal term “Mortgage.”

The Beginning: A Luxury Project Inviting “Foreign Investors”

The story began with a multi-billion-baht riverside condominium project along the Chao Phraya River.
The developer launched an international marketing campaign, assuring investors that the project complied fully with Thai law and allowed foreign ownership up to the legal limit of 49% of the total area.

A foreign investor decided to purchase a penthouse worth around 90 million baht, intending to rent it out.
But he overlooked one critical detail:
The contract clearly stated that “the penthouse unit is mortgaged to the bank for 250,000,000 baht.”

One Word “Mortgage” That Almost Cost 90 Million

When reading the contract, the investor saw the word “mortgage” and assumed it meant the government prohibited sale or ownership transfer.
 He was confused:
“If the government restricts sales, how can I transfer ownership?”

In reality, a “mortgage” means that the property is pledged as collateral with a financial institution.
It can still be sold or transferred but only with the mortgagee’s consent (typically the bank) and after the mortgage is released or properly settled before transfer.

Lawyer Arm explained:

“The government does not monitor who mortgages property or when agreements are made.
What matters is verifying what encumbrances exist before signing any purchase agreement.”

If He Had a Lawyer from the Start, the Problem Wouldn’t Have Escalated

The investor later admitted that he didn’t hire a lawyer to review the contract, assuming the project’s documents were already correct and complete.
However, when the transfer date arrived, he discovered the mortgage issue and had to pause the process to seek legal advice, delaying ownership transfer and nearly losing his large deposit.

Lawyer Arm emphasized:

“Hiring a lawyer to review real estate contracts isn’t an unnecessary expense it’s a long-term investment in risk prevention.”

A few thousand baht in legal fees could have prevented tens of millions in losses.

Why Foreign Investors Face Higher Risk?

Foreign investors often face challenges from language barriers and unfamiliarity with Thai law.
Legal terms like encumbrance, mortgage, claim right, or power of attorney may not have exact translations in English or other languages.

Moreover, bilingual contracts (Thai–English) may differ slightly in meaning.
If discrepancies arise, the Thai version is legally binding, which could disadvantage foreign buyers.

Before investing in Thai real estate, foreign investors should:

  • Hire a lawyer familiar with both Thai law and foreign investment rules
  • Have a qualified translator or language consultant review all documents
  • Check the property’s title deed for existing mortgages or encumbrances before signing

One Page of Legal Review Could Prevent 90 Million in Losses

This case serves as a powerful reminder for both Thai and foreign investors:
Real estate investment is not just about viewing beautiful units, it’s about understanding every clause in the contract.

Lawyer Arm summarized it perfectly:

“If the investor had hired a lawyer from day one, he might have spent a few thousand baht but saved over 90 million.”

Prudence Is the True Profit: Consult a Lawyer Before You Invest

A good investor isn’t just someone with money, it’s someone who manages risk wisely.
 In real estate, careful contract review and reliable legal advice are just as crucial as financial capital.

Before signing any high-value property deal:

  • Always have a lawyer review your documents
  • Clarify every legal term before signing
  • Don’t rely solely on sales or marketing claims

Legal pitfalls can happen to anyone Thai or foreign alike.
This case reminds us that “having a lawyer by your side from day one can save you more money than you think.”👉 Consult a lawyer today. Your best investment might be legal advice.

Recover fully first

How to Claim Injury Compensation Without Being Taken Advantage Of?

Posted on by wongsakornsiri
10
Nov

Lawyer Arm Shares a Real Case: “Got Hit by a Car and Broke Your Arm How Much Compensation Should You Claim?”

One of the most frequently asked questions Lawyer Arm receives is:

“I got hit by a car and broke my arm. How much compensation can I claim for my injuries?”

While the question sounds simple, the answer isn’t fixed. The amount of compensation depends on many factors such as age, gender, occupation, income, and the long-term impact on daily life. Here’s a real case the Lawyer Arm handled.

Real Case Example: 37-Year-Old Woman With a Fractured Arm After a Car Accident

A relative of the injured woman contacted Lawyer Arm through an inbox message.
The injured person was a 37-year-old accounting officer earning 28,000 THB per month. She was hit by a car, suffered a fractured arm, and required metal plates to stabilize the bone. Her family wanted to know:

“How much compensation should she claim?”

Lawyer Arm began by asking basic information such as:

“What’s the total medical cost?”

The relative replied 340,000 THB, which was quite high.

Further inquiry revealed that the other driver’s insurance policy covered up to 500,000 THB for third-party bodily injury. The insurance company had already paid for the medical expenses (340,000 THB), leaving 160,000 THB plus 80,000 THB from the mandatory motor insurance (total 240,000 THB) available for other types of compensation.

However, if the total damages exceed the policy limit (e.g., over 500,000 THB), the excess amount must be claimed directly from the at-fault driver, as it falls under tort liability.

What Types of Compensation Can Be Claimed for Bodily Injury?

Victims of traffic accidents can claim compensation for various categories, such as:

  • Medical expenses – including doctor’s fees, medication, surgery, and physical therapy.
  • Lost income – if you must stop working during recovery.
  • Pain and suffering – for both physical and emotional distress.
  • Caregiver expenses – costs for someone who looks after you during recovery.
  • Long-term disability – if the injury causes permanent impairment or loss of earning capacity.
  • Aesthetic damage – compensation for permanent scars or disfigurement.

As you can see, compensation isn’t limited to hospital bills but also covers the overall impact on your quality of life after the accident.

Why Do Manual Laborers Sometimes Receive More Compensation Than Office Workers?

According to Lawyer Arm, compensation isn’t based solely on salary; it’s also about how the injury affects the victim’s job.
For instance, if a construction worker breaks an arm, they might be unable to work entirely during recovery. Meanwhile, an office employee could still handle paperwork or work from home.
Hence, manual laborers may sometimes be entitled to higher compensation, since their livelihood depends directly on their physical condition.

Don’t Wait Until You’re Fully Recovered You’re Losing Time and Advantage!

In this case, the injured woman waited nine months before contacting Lawyer Arm. The insurance company told her,

“You must wait until you’re fully recovered before filing for compensation.”

That’s a misconception that puts victims at a disadvantage. The claims process itself can take several months, meaning victims may wait over a year and a half before receiving payment.

Lawyer Arm advises:

“Don’t wait until you’re healed to consult a lawyer early.”

This allows proper evidence collection medical certificates, treatment records, and receipts from the beginning.

Can You Use Social Security Benefits After a Car Accident?

Another common question is:

“Can I use my Social Security rights if I get into a car accident?”

The answer is yes. There’s no clause in the Social Security Act that prohibits it.
Some private hospitals may refuse to process Social Security claims because they receive lower reimbursement rates. However, you are legally entitled to use your Social Security benefits to reduce medical expenses while still pursuing other compensation claims against the at-fault driver.

Why Should You Consult a Lawyer Immediately After an Accident?

Many people think, “I’ll try claiming it myself first. If it doesn’t work, I’ll hire a lawyer.”
That’s often the reason they lose their rights without realizing it. Insurance companies have legal teams and professionals trained to minimize payouts. Without legal guidance from the start, victims are at a serious disadvantage.

How to Claim Injury Compensation Fairly?

  • Notify and contact the insurance company immediately.
  • Request a copy of the at-fault driver’s insurance policy.
  • Keep all evidence medical certificates, receipts, and injury photos.
  • Don’t wait to recover before claiming; start during treatment.
  • Use Social Security benefits to help reduce costs.
  • Consult a lawyer to ensure a proper and fair compensation strategy.

Accidents can happen to anyone. The key is not to let ignorance make you lose your rights.

 Claiming injury compensation isn’t just about money, it’s about protecting your legal rights as a victim.
And always remember:“Insurance companies have their lawyers. Do you have yours?”
👉 Consult a lawyer today. Contact us

Loss of use of vehicle

Lawyer Arm Shares a Real Experience: “Car Repair Shop” Forced Him to Sign Repair Duration Agreement or They Wouldn’t Fix the Car!

Posted on by wongsakornsiri
07
Nov

A car repair shop is something every car owner has to deal with at some point especially after an accident. But surprisingly, even if you already have car insurance, many consumers still fall victim to the practices of certain repair shops and insurance companies without realizing it.

Recently, Lawyer Arm shared a real-life experience that happened to him. One of his employees accidentally crashed his car, and when he brought it in for repairs, something shocking happened. In this article, Lawyer Arm aims to raise awareness and warn the public:
If you don’t understand your rights or have a lawyer guiding you from the beginning, you could easily be taken advantage of by the repair shop or the insurance company.

The Repair Shop Called and Demanded a Signature Before Continuing the Repair

After the accident, Lawyer Arm’s car was sent to an insurance-affiliated repair shop. One day, the shop called and said:

“You must sign to accept the repair period and waiting time for parts. If you don’t sign, we can’t continue fixing your car.”

It might sound like a standard request for customer acknowledgment, but for someone who knows the law, Lawyer Arm immediately recognized this was not in line with OIC (Office of Insurance Commission) regulations.

OIC Clarifies: “Notification” Doesn’t Mean “Signature Required”

According to the OIC’s official regulation, “notifying the insured” means informing them not requiring a signature.

Notification can be done through:

  • Phone call
  • Email
  • LINE message
  • Written document or repair report

The intent is simply to update progress, not to make customers accept unfair conditions, such as excessive waiting periods or the use of mixed genuine and imitation parts.
However, in this case, the repair shop twisted the rule, turning a simple “notification” into a forced signature, which is both misleading and unfair to consumers.

The Problem with Mixing Genuine and Imitation Parts

Besides forcing a signature, the repair shop also said:

“We’ll use both genuine and imitation parts.”

At first, this might sound like a compromise but in legal and professional terms, repairs must restore the vehicle to its pre-accident condition as closely as possible.

Lawyer Arm explained:

“It’s simple if your car originally had genuine parts, the repair should use genuine parts. Mixing parts reduces quality, safety, and future resale value.”

If the repair shop must wait for genuine parts, they only need to notify the customer, not force them to sign anything. Refusing to continue repairs unless you sign is a clear violation of regulations.

What to Do If the Repair Shop Refuses to Fix Your Car?

Lawyer Arm recommends consulting a lawyer immediately if you face such a situation. A lawyer can communicate directly with the insurance company and document the shop’s refusal properly, for instance, by email or chat to preserve evidence in case of future disputes.

Understand Clearly  “Notify” ≠ “Sign”

Many people confuse the two terms. Lawyer Arm clarifies:

“‘Notify’ doesn’t mean signing acknowledgment, nor does it release the repair shop from responsibility for delays. It’s just a progress update, not an agreement to delay.”

So, if a repair shop says, “If you don’t sign, we won’t fix your car,” you have the right to refuse and report the matter to your insurance company immediately.

Why Having a Lawyer Matters from the Moment of the Accident?

Lawyer Arm’s real experience shows that even someone knowledgeable about the law can face unfair treatment without proper legal representation.
Both the repair shop and the insurance company might interpret regulations in their own favor, not yours.

Without a lawyer to guide you from the start, you risk losing your rights without realizing it.
In reality, “If you don’t have a lawyer from the moment of the accident, you can easily be taken advantage of.”

Know Your Rights Before You Sign Anything

This case perfectly illustrates why understanding the law and OIC regulations protects consumers.
If any repair shop or insurance company pressures you to sign documents or accept unclear conditions don’t hesitate to consult a lawyer.

Because at the end of the day:

“The insurance company always has their lawyer. Do you have yours?”

📞 Contact: 062-195-1661 | Click to Consult a Lawyer Now

General knowledge

Important Things to Know! Foreigners Buying Real Estate in Thailand Face Risks – Always Consult a Thai Lawyer First

Posted on by wongsakornsiri
05
Nov

In recent years, Thai real estate has become one of the most attractive markets for foreigners in Southeast Asia. From luxury condominiums in central Bangkok to vacation homes in Phuket, Chiang Mai, and Pattaya, Thailand continues to attract global investors and retirees.

However, while buying property in Thailand may seem appealing, the truth is that foreigners cannot legally own every type of real estate. Without a proper understanding of Thai law, buyers risk losing money, having property seized, or being unable to transfer ownership.

Therefore, before purchasing a home or condominium in Thailand, it is crucial to consult a qualified Thai real estate lawyer to review all documents, design a proper ownership structure, and prevent potential legal issues in the future.

Thai Law Restricts Foreign Ownership of Real Estate

Under Thai law, foreigners are not allowed to directly own land, which is one of the most important restrictions on real estate investment in Thailand. Foreigners may only hold property under the following conditions:

1.Condominium Ownership (up to 49%)

oForeigners can own up to 49% of the total sellable area in a condominium project.

oFor example, in a 100-unit project, foreigners may own no more than 49 units.

2.Long-Term Leasehold (up to 30 years)

oForeigners may lease land for a maximum of 30 years.

oThe contract can be renewed by agreement, but without proper drafting, renewal may be denied.

3.Ownership through a Thai Company

oSome foreigners establish Thai companies to hold land under a corporate name.

oHowever, if foreign shareholders hold more than 49% or if the company is found to be a nominee to evade the law, it is illegal and subject to criminal penalties.

Understanding these restrictions is vital to avoid legal trouble. That is why having a Thai lawyer experienced in real estate is essential.

Common Risks for Foreigners Buying Property in Thailand

Many foreign investors face legal problems when purchasing real estate in Thailand due to misunderstandings or the lack of legal advice. Common issues include:

  • Using a Thai Nominee to Hold Land
     This may seem convenient but is illegal. If discovered, the property may be confiscated, and both the Thai nominee and the foreigner could face prosecution.
  • Unclear or Fraudulent Sale Contracts
     Some sellers or developers are unlicensed, causing buyers to lose deposits without ever receiving the title deed.
  • Lease Agreements Offering No Long-Term Protection
     After 30 years, the landowner may refuse to renew the lease, leaving the tenant without any legal recourse.
  • Failure to Check for Encumbrances
     For example, the land may be mortgaged or subject to a court dispute, preventing legal transfer.

All these examples highlight one thing: without a professional real estate lawyer, the financial loss may be irreversible.

What Can a Lawyer Do for You?

A professional legal advisor acts as a shield of protection for foreigners investing in Thai real estate. A qualified lawyer can help:

1.      Verify the Legal Status of the Land or Project
 – Ensure the title deed is valid and free from mortgage or restrictions.

2.      Draft and Review Contracts Carefully
 – Protect the buyer’s interests and close legal loopholes.

3.      Design a Legal Ownership Structure
 – Advise on investment via a company, joint venture, or leasehold arrangements.

4.      Negotiate with Sellers and Government Agencies
 – Ensure the transfer of ownership proceeds smoothly and legally.

5.      Provide Tax and Cost Consultation
 – Including business tax, transfer fees, and capital gains tax.

A lawyer is not just a paperwork assistant but a protector of the client’s legal and financial interests.

Why Should You Consult a Lawyer Before Buying, Not After?

Many believe hiring a lawyer is unnecessary or too costly. In reality, having a legal advisor from the beginning can save you far more time and money than fixing legal issues later.

With a Thai lawyer’s guidance, foreigners can receive proper advice such as:

  • Which condominium projects are legally eligible for purchase
  • Which types of land cannot be owned
  • Whose name should appear on the ownership documents
  • What taxes and fees to expect

Such knowledge ensures your real estate investment in Thailand is safe and 100% legal.

Thai Real Estate is Worth Investing In – But You Must Know the Law

Thailand remains one of the most attractive destinations for foreign investors whether for tourism, retirement, or real estate. However, every transaction must comply with Thai law.

Without proper legal advice, one small mistake can turn your dream investment into a nightmare.

So, before you buy a home or condo in Thailand, make sure you have a trusted Thai real estate lawyer by your side.

In Thailand’s real estate world, legal knowledge is the strongest protection an investor can have. Consult a lawyer, click >>Contact us<<

Drunk Driving Cases

Is It Legal for Insurance Companies to Retroactively Calculate Blood Alcohol Levels? When consumers are unfairly treated due to one-sided interpretations by insurance companies?

Posted on by wongsakornsiri
05
Nov

Over the past several years, there have been numerous cases where car insurance companies have denied compensation on the grounds that the driver’s blood alcohol concentration (BAC) exceeded 50 milligrams percent at the time of the accident, the legal limit under the Land Traffic Act B.E. 2522 (1979).

However, what has caused serious unfairness to consumers is that some insurance companies retroactively calculate alcohol levels without relying on the actual test results taken at the time of the incident. Instead, they use internal calculation manuals, assuming that the alcohol level in the blood decreases by 15 milligrams percent per hour, then use this formula to conclude that the insured person must have exceeded the legal limit at the time of the accident.

This practice raises a serious legal and ethical question:

“Do insurance companies have the legal right to retroactively calculate alcohol levels on their own?”

The Law Is Clear: Only the Actual Alcohol Level at the Time of the Accident Matters

According to both insurance policy terms and Section 43(2) of the Land Traffic Act:

“If the driver has a blood alcohol level exceeding 50 milligrams percent at the time of the incident, it is considered a violation of the law.”

Therefore, determining whether the driver exceeded the legal limit must be based on actual test results taken at the time of the accident, or as close to that time as possible not on retroactive estimations or assumptions derived from internal company guidelines.

Hence, when an insurance company unilaterally interprets that retroactive calculation is valid, it violates the insurance contract and potentially exploits consumers, lacking credible scientific evidence.

The Court of Appeal’s Judgment: Retroactive Calculations Are “Unreliable”

In one case handled by Wongsakorn Law Office, the Consumer Case Division of the Court of Appeal ruled decisively on this issue.

The Court stated that the insurance company’s reliance solely on its internal policy interpretation manual, which claimed that alcohol decreases by 15 milligrams percent per hour and then retroactively calculated the driver’s BAC to exceed 50 mg%, was weak and unreliable evidence.

The Court held that such retroactive estimation represents a one-sided interpretation by the insurance company and unfairly disadvantages the consumer, violating the principles of fairness in consumer contracts.

Therefore, the Court established a key principle:

“If an insurance company claims the driver exceeded the alcohol limit, it must provide clear, impartial, and credible evidence, not merely internal calculations.”

In other words, without actual medical or police test results taken at the time of the incident, the insurer cannot deny coverage.

The Bigger Problem: Why Doesn’t the OIC Penalize Insurers?

Even though the Court of Appeal has already set a clear legal precedent, in practice, when consumers file complaints with the Office of Insurance Commission (OIC) after being denied compensation due to “retroactive alcohol levels,”
Many cases show that the OIC still sides with the insurers without thoroughly verifying the facts.

Lawyer Arm questioned:

“When the court has already ruled that the insurance company was wrong, why doesn’t the OIC penalize them?”

This highlights a major gap in the regulatory system, allowing insurers to continuously take advantage of consumers even under the oversight of the very agency meant to protect public rights.

What Should Consumers Do If Denied Compensation Due to “Retroactive Alcohol”?

Do not hesitate to consult a lawyer.
 If an insurance company denies your claim on the grounds that you “had alcohol in your system while driving,” consult a lawyer immediately.

Many people mistakenly believe, “If I just explain the truth, they’ll understand,” or “I already have hospital test results; that should be enough.”
In reality, insurance companies have teams of lawyers who know every legal loophole, interpret contracts strategically, and rely on the fact that most consumers are afraid to sue.

Without a lawyer who understands insurance law and strategy, you will never outsmart the insurance company, and you will inevitably be taken advantage of.

Every word in the policy and every number in the alcohol test report can be used as a basis to deny responsibility. Some insurers even use vague terms such as “having alcohol in the blood” without specifying that the level must be measured at the time of the accident, leaving room for manipulative interpretations.

Not Supporting Drunk Driving But Also Not Supporting Corporate Exploitation

Lawyer Arm emphasizes:

“We do not condone driving under the influence of alcohol, but we also do not support insurance companies exploiting the public.”

Retroactively calculating alcohol levels not only breaches the insurance contract but also creates a dangerous precedent for consumer protection in Thailand. It allows insurers to deny compensation under virtually any pretext.Therefore, if you or someone you know has been denied coverage due to “retroactive alcohol,”
Don’t stay silent consult a lawyer experienced in consumer and insurance law to ensure your rights are fully protected.

The insurance company always has a lawyer on their side. What about you — Do you have a lawyer?

If your insurance company denies your claim using “retroactive alcohol” as an excuse, don’t waste time trying to handle it alone because ultimately, the insurer will use the law to their advantage.

Consult an experienced insurance lawyer immediately. A skilled lawyer will strategically structure your case from the beginning, ensuring that your legal rights are preserved.

Retroactive alcohol results are not legally valid evidence.

Insurance companies have no right to use such calculations to deny compensation.
If you’ve been unfairly treated, the law is on your side and having a lawyer by your side is the strongest protection you can have.

📞 For legal consultation: 062-195-1661 or click Contact Us to get immediate assistance.

General knowledge

Why Having a Legal Advisor During Company Formation Is Essential and How It Covers Every Issue?

Posted on by wongsakornsiri
05
Nov

Starting a business is not only about having a great “idea” or sufficient “capital.”
One crucial factor that many entrepreneurs often overlook is having a “legal advisor” or a “corporate legal consultant” from the very beginning of the company formation process.
A professional legal advisor helps your business grow sustainably and minimizes potential legal risks in the future.

This article explains why having a legal advisor during company setup is beneficial and how they can help you handle every potential problem before it occurs.

Why is a Legal Advisor Important from the Start?

Many people think lawyers are only needed after problems occur, but in reality, a legal advisor plays a vital role from the earliest stage of business planning.
Company formation involves various legal documents and procedures, such as:

  • Choosing the right business structure (limited company, partnership, public company, etc.)
  • Registering the company with the Department of Business Development
  • Drafting agreements between shareholders or investors
  • Designing internal management and accounting systems

Without proper legal guidance, entrepreneurs may face future conflicts, such as shareholder disputes, unfair benefit sharing, or invalid documents issues that are costly and difficult to correct later.

A successful business begins with a strong foundation and reliable legal advice.

1. Structuring Your Company Correctly from the Beginning

A legal advisor can help design your company’s legal structure to fit your business type, for example:

  • Deciding between a limited company or limited partnership
  • Fair share allocation among investors
  • Defining clear powers between directors and shareholders
  • Drafting Articles of Association and company regulations

Setting the right foundation prevents internal conflicts and ensures smooth long-term operations.

2. Preventing Legal Risks Before They Happen

During company formation, many business owners unintentionally make mistakes such as using a duplicate company name, signing a vague joint venture contract, or signing documents with hidden obligations.

A legal advisor will help you review and prevent legal risks in advance, ensuring that every step complies with the law.

Examples include:

  • Reviewing documents from foreign investors
  • Checking tax agreements
  • Preventing intellectual property infringement (trade names, logos, trademarks)

Without a legal advisor, these small oversights can lead to financial and reputational damage later.

3. Drafting Clear and Fair Contracts

Another essential role of a legal advisor is drafting and reviewing business contracts, including:

  • Shareholder agreements
  • Employment contracts
  • Lease agreements
  • Sales and supplier contracts

Having a legal advisor ensures that every agreement is fair, secure, and legally sound because a contract is not just a piece of paper, but a powerful tool that prevents future disputes.

4. Advising on Tax and Accounting Compliance

New companies often make tax-related mistakes due to lack of knowledge.
A legal advisor can guide you through the correct tax and accounting setup, including:

  • Preparing accurate tax reports
  • Getting ready for Revenue Department audits
  • Implementing a proper documentation system

Having an advisor from the start reduces the risk of unnecessary fines and overpayments.

5. Your Legal Partner and Strategic Advisor

A legal advisor is not just a contract drafter but also a strategic partner who understands both your business and the law.
They can advise on:

  • Business decisions with legal consequences
  • Branch expansion or joint ventures
  • Employment and labor law risks

A good legal advisor doesn’t wait for problems to arise; they analyze, foresee, and prevent them, helping you make informed, confident decisions at every step.

Long-Term Benefits of Having a Corporate Legal Advisor

Even if your company doesn’t face legal problems initially, having a corporate legal advisor as your long-term partner helps you:

  • Prevent partner or client disputes
  • Reduce litigation risks
  • Strengthen credibility in negotiations
  • Manage contracts systematically
  • Stay updated on new laws affecting your business

Simply put, a legal advisor is one of the most valuable assets a business owner can have because law is the framework that keeps your company stable.

A Legal Advisor Is an Investment, Not an Expense

Some may see hiring a legal advisor as an additional cost, but it is actually a long-term investment in your company’s safety and sustainability.

With a trusted advisor, you can be confident that:

  • Every document complies with the law
  • Every agreement is well-structured
  • Every decision is legally secure

A successful business begins with a strong foundation and reliable legal advice.

If you are planning to start your company and need professional legal consultation,
Wongsakorn Law Office has experienced corporate legal advisors ready to guide you through every step. Contact us at +66 62-195-1661 or click >> Contact Us <<

Because “having the right advisor is the first step toward a stable business.”

Loss of use of vehicle

“Car Depreciation After an Accident” Why Insurance Companies Refuse to Pay, and Why You Need a Lawyer to Get Your Rights Back?

Posted on by wongsakornsiri
01
Nov

When a car accident occurs, most vehicle owners face not only physical or property damage but also the long and often frustrating process of claiming compensation from their insurance company.
One of the most debated issues is “car depreciation” after repairs does the insurance company have to pay for it?The answer is yes it can be legally claimed.
 However, in reality, insurance companies often refuse to pay.
 As a result, many victims have to rely on experienced insurance lawyers to claim their rightful compensation.
That’s because “car depreciation” isn’t something anyone can simply demand; it requires legal knowledge, technical evidence, and professional strategies to prove the true loss in value.

What Is “Depreciation”?

Depreciation refers to the loss in value of a property after an accident.
Even if a car has been perfectly repaired, its market value is no longer the same.
In the used car market, a vehicle that has been in an accident always sells for less than one that hasn’t.

For example, if your car was worth 1,000,000 THB before an accident, and after repair you can only sell it for 900,000 THB,
The 100,000 THB difference represents the “depreciation value” , a real financial loss that you have the right to claim from the insurer or the at-fault party under Thai law.

How to Calculate “Car Depreciation” No One Wants a Previously Damaged Car

Even after a full repair, a damaged car will never be the same. Its value drops that drop is what we call “depreciation.”
 According to Lawyer Arm, there are three main methods to assess car depreciation:

Method 1 – Based on Real-Life Sales

A client who ran a used car business got into an accident while driving to meet a buyer.
The customer refused to buy the car after learning it had been in an accident, saying, “No one wants a crashed car.”
Originally priced at 500,000 THB, the buyer offered only 100,000 THB.
 👉 The 400,000 THB difference was the actual depreciation caused by the accident.

Method 2 – Appraisal from Used-Car Dealers

Sometimes, the victim can ask car dealers to appraise the price difference.
For example, a dealer might say that a certain model usually sells for 500,000 THB, but if it’s been in an accident, they would only buy it for 200,000 THB.
 👉 The 300,000 THB difference also represents the depreciation value.

Method 3 – Assessment by Certified Experts or Mechanics

If there’s no real transaction, an expert mechanic or auto body specialist can assess the car’s post-repair value based on comparable models in the market.
👉 This method is fair, transparent, and technically verifiable.

Key Points from Lawyer Arm

  • Claiming depreciation is a legal right because an accident reduces your vehicle’s market value.
  • Insurers must not advise victims to lie to car dealers that the vehicle has never been in an accident that’s unethical.
  • In reality, no one wants to buy a heavily damaged vehicle, and resale value inevitably drops.

Depreciation is therefore a real and provable loss, and victims are entitled to compensation under the law.

Why Do Insurance Companies Refuse to Pay Depreciation?

Even though depreciation is a real loss, insurance companies often deny the claim using reasons such as:

1.The repaired car is “as good as new.”

2.There’s no market evidence supporting the price drop.

3.The insurance policy doesn’t explicitly mention depreciation coverage.

But legally, depreciation does not need to be stated in the policy.
 If you can prove the loss in value, the company must compensate under Civil and Commercial Code Section 420 (tort law).

 Why Should Have a Lawyer Handle the Claim?

While victims can technically file claims themselves, proving depreciation requires strong, technical evidence, such as:

  • Pre- and post-repair valuation reports
  • Expert witness opinions
  • Repair receipts and documents
  • Photographs of the damaged car

A lawyer’s role is crucial in:
✅ Assessing the true financial loss
✅ Preparing admissible evidence for court
✅ Referencing previous court rulings on depreciation to strengthen your case

Simply put:
If the insurance company has a legal team before the crash even happens,
then you should also have your own lawyer from the moment the crash occurs.

Depreciation Is Real But You Must Know How to Claim It

Car depreciation is not a bonus or a favor from the insurer, it’s a real, lawful damage you deserve to recover.
Unfortunately, many people lose this right because they don’t know how to claim it properly.

If your insurer refuses to pay for car depreciation, don’t stay silent.
 Consult a lawyer immediately to ensure your rights are fully protected.

 Wongsakorn Law Office, led by Lawyer Arm, specializes in car insurance cases including repair costs, loss of use, and depreciation claims.
We’re ready to fight for your rightful compensation in every step of the process.
Consult a lawyer today → Contact Us or call 062-195-1661.

General knowledge

What Should You Do If Your OnlyFans Content Is Used Illegally?

Posted on by wongsakornsiri
30
Oct

In today’s digital era, OnlyFans has become a platform that allows anyone from ordinary people to celebrities, influencers, and creators  to share their own content freely and legally, under their full consent.

However, in reality, many creators have faced unexpected violations where their photos, videos, or other content from OnlyFans are reuploaded or distributed on other platforms without permission. These materials may be shared on pornographic sites, private forums, or even sold by third parties.
Such actions clearly constitute a violation of image rights and computer laws.

Who Owns the Rights to OnlyFans Content?

Under copyright law, the creator of the content or photograph is the rightful owner of that work.
Even though the content is uploaded to OnlyFans, the ownership and rights to the images or videos still belong to the creator, unless there is a specific contract transferring those rights.

Therefore, if someone uses your OnlyFans images without permission, such as:

  • Downloading and reposting them elsewhere
  • Editing, reproducing, or altering the content
  • Using the images to defame or insult you

They are committing both civil and criminal offenses.

Common Cases of OnlyFans Content Violations

1. Reposting images or videos to porn sites or private groups without permission
 → Violates the Computer Crimes Act, Section 14(4) for importing obscene data into a computer system.

2. Editing faces or creating deepfake videos for sale
 → Constitutes defamation by publication and computer data forgery.

3. Sharing intimate photos of an ex-partner to humiliate them
 → Violates laws on extortion, intimidation, and invasion of privacy.

4. Claiming to own or selling another creator’s content
 → Violates copyright law and may lead to civil damages.

What to Do If Your OnlyFans Content Is Misused?

1. Don’t stay silent or underestimate the situation.
 Online violations can seriously affect your image, income, and long-term reputation.

2. Immediately collect all evidence:

  • Screenshots
  • Website URLs where the content was shared
  • Dates, times, and usernames of the violators

These will help your lawyer file a formal complaint quickly.

3. Consult a lawyer right away.
 Many victims are unsure how to begin or which legal route to take. Consulting a lawyer ensures you can take swift legal action to protect your rights.

Legal Protections for Personal Content

Many people don’t realize that private photos and videos are personal data under the Personal Data Protection Act (PDPA).
 If someone discloses or uses this data without consent, they may be charged under:

  • Criminal Code, Sections 326–328: Defamation by publication
  • Computer Crimes Act, Section 14: Uploading obscene or false information
  • PDPA B.E. 2562: Using personal data without consent punishable by imprisonment and/or fines

Don’t Be Afraid to Seek Legal Help  Your Image Is Your Right

Many creators, especially women, hesitate to seek help out of fear of judgment or public exposure. But legally, you are the victim, and the law fully protects you.

Having a lawyer handle the matter early helps prevent escalation and ensures efficient legal resolution, such as:

  • Requesting a court order to shut down websites or accounts sharing your images
  • Claiming damages from violators
  • Preventing further data leaks

Your OnlyFans Content Is Yours  Not Anyone Else’s

Every photo and video you create on OnlyFans is your intellectual property and personal data under the law.
If anyone misuses it for defamation, exploitation, or profit don’t stay silent. Gather evidence and contact a lawyer immediately to protect your rights to the fullest.

Wongsakorn Law Office has experienced lawyers specializing in technology and digital rights cases.
For a free initial consultation, call 062-195-1661 or message us directly.
Because “Your image is your right.” 👉 Click here to contact us.

General knowledge

Beware! Online Job Scams – Fake Jobs, Forced Payments, and Threats to Reveal Personal Information

Posted on by wongsakornsiri
28
Oct

In today’s digital age, online jobs have become a popular choice for people of all ages, especially students and young adults seeking extra income from home. However, this popularity has opened the door for scammers to deceive innocent people, particularly through “online job application scams”, where victims are asked to pay money before starting work, or are threatened when they try to quit. These scams are becoming more frequent and more aggressive.

Common Types of Online Job Scams

1. Asking for payment before starting work
 The most common trick is requesting applicants to transfer money first for example, for “work equipment fees” or “membership fees.” Once the money is transferred, the scammer disappears, blocks the victim, or convinces them to recruit others for commission, turning it into a pyramid scheme.

2. Threatening when victims try to cancel
 When victims realize they’ve been scammed and want to stop, the scammer starts sending threats:

  • Filing a lawsuit
  • Releasing personal information
  • Reporting to the police or court for “breach of contract”

Those who previously submitted documents like ID cards or personal data are often blackmailed using this information.

3. Harassment even after being blocked
 Scammers may use new accounts to continue harassing victims or contact friends, family, or employers to create pressure so the victim agrees to pay more.

Why Do Scammers Have Our Personal Information?

Because victims willingly send it without caution. Fake platforms or agencies ask for details such as:

  • Full name
  • Phone number
  • Address
  • Copy of ID card
  • Bank account number

This information may be used to:

  • Blackmail for money
  • Forge loan documents
  • Apply for services in your name
  • Sell to cybercriminal groups

Always verify the legitimacy of any company before sending personal data. Search their name on Google or Facebook for complaints or scam reports.

 What to Do if You Already Sent Personal Information?

1. Stay calm and never transfer more money.
 Scammers often threaten lawsuits or exposure, but they have no real legal authority.

2. Save all evidence such as chat messages, bank accounts, phone numbers, and contact details.

3. Report to the nearest police station to officially record yourself as a victim not an accomplice.

4. Inform your bank to freeze or monitor your account if any information or money was shared.

5. Consult a lawyer to ensure you take the right legal steps to protect your rights.

Relevant Laws Protecting Online Job Scam Victims

  • Fraud (Section 341, Thai Criminal Code):
     Up to 3 years imprisonment or a fine of up to 60,000 THB.
  • Extortion/Threats (Section 392):
     Up to 1 year imprisonment or a fine of up to 20,000 THB.
  • Computer Crime Act B.E. 2560 (2017):
     Covers unauthorized use or distribution of personal data and false information causing damage to others.

What If They Threaten to Sue or Expose Personal Information?

Do not panic and do not pay more money. Keep all messages and file a police report immediately. Lawyers can guide you on how to legally protect yourself.

If the victim is a minor, parents or guardians should intervene immediately to protect their mental well-being and safety.

Don’t Fall for Online Jobs That Ask for Money or Use Threats

Real online jobs never require upfront payment and never threaten applicants. If you encounter such behavior, collect evidence, report to the police, and consult a lawyer right away.

Do not let fear become a weapon for scammers. Contact “Wongsakorn Law Office” for legal advice and protection.

Line @ คลิก! โทรหาเรา คลิก!