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 How to Claim Compensation for a Rib Fracture in a Car Accident?

Posted on by wongsakornsiri
26
Sep

 Dispute Case No. Red ChM.113/2020
 Awarded Compensation: 29,542 THB

The claimant demanded compensation as follows:

  • Medical expenses before filing the dispute: 50,000 THB
  • Future medical expenses: 150,000 THB
  • Other related expenses: 50,000 THB
  • Loss of earnings during recovery: 45,160 THB
  • Loss of future earning capacity: 100,000 THB
  • Non-pecuniary damages: 200,000 THB

The respondent (Company A Insurance Co., Ltd.) was the insurer of the vehicle registered in Samut Prakan, driven by Mr. A on the date of the accident, which collided with the claimant’s car.

The respondent objected to the claims, arguing that:

1.Medical expenses before filing the dispute (50,000 THB) were exaggerated, with no evidence of such loss.

2.Future medical expenses (150,000 THB) were unreasonable since the claimant’s injuries were not serious enough to require long-term treatment.

3.Other related expenses (50,000 THB) were unfounded.

4.Loss of earnings (45,160 THB) was unsubstantiated, as the claimant continued receiving salary.

5.Loss of future earning capacity (100,000 THB) and non-pecuniary damages (200,000 THB) were baseless.

The respondent claimed the demands were made in bad faith and thus should not be liable.

Issues for Consideration:

1.Is the respondent liable to compensate the claimant, and to what extent?

2.Is the claimant entitled to claim 15% annual interest from the date of filing until full payment?

Arbitration Decision

Medical expenses before filing the dispute

Evidence confirmed the claimant received treatment at Hospital A and Hospital S, paying 425 THB and 4,737 THB respectively, totaling 5,162 THB. The respondent failed to refute this evidence.
➡ The respondent must compensate 5,162 THB.

Future medical expenses

 The claimant initially claimed 150,000 THB but later testified for 21,400 THB. Since the treatment methods cited (high-power laser, MRI) were not medically prescribed, and the claimant only researched them online without medical recommendation, the claim lacked justification.
➡ The respondent is not liable for future medical expenses.

Other related expenses

Transportation to the hospital (approx. 35.9 km, 3 trips) cost 1,800 THB, which was reasonable and uncontested. However, the 200 THB fee for requesting medical records was litigation-related and not compensable.
➡ The respondent must compensate 1,800 THB.

Loss of earnings during recovery

 The claimant, a state enterprise employee earning 22,580 THB/month, alleged 2 months of lost income (45,160 THB). However, testimony later confirmed only 1 month of leave. Under labor law, sick leave up to 30 days per year is paid. No evidence proved salary deduction.
➡ The respondent is not liable for 22,580 THB claimed salary loss.
➡ The claim for loss of additional freelance income (air conditioning installation and electrical work) of 39,000 THB was also dismissed due to insufficient proof.

Loss of future earning capacity

  • As a state enterprise employee: The claim that sick leave beyond 15 days affects promotions and bonuses was inaccurate. Regulations only apply to special promotions, not standard salary increases or annual bonuses. No evidence proved loss of benefits.
  • As a freelance technician: No valid evidence confirmed such employment.

➡ The respondent is not liable for this claim.

Non-pecuniary damages

 Medical records confirmed rib fractures and bruises requiring 30 days of rest. However, no severe suffering was proven beyond temporary discomfort. The claim for 200,000 THB was deemed excessive.
➡ The tribunal awarded 20,000 THB.

Final Award

The respondent must compensate the claimant as follows:

1.Medical expenses before filing: 5,162 THB

2.Other related expenses: 1,800 THB

3.Non-pecuniary damages: 22,580 THB
 ➡ Total: 29,542 THB, plus 15% annual interest from the date of filing until payment in full.

Arbitration costs are to be borne by the respondent. Payment must be made within 30 days from receipt of this award.

Legal References: Civil and Commercial Code, Sections 877, 446
Arbitrator: Mr. Somchai Yuwawitthayaphanit
Dispute Case No.: ChM.96/2020

Editorial Note

Although the arbitrator concluded the claimant was not severely affected, the working group observed that the claimant did endure suffering since the accident. The arbitrator’s dismissal of this aspect may not fully reflect the claimant’s hardship. Additionally, under the insurance policy terms, once the insurer denied compensation, interest at 15% per year should apply a condition the insurer was fully aware of but still contested.

Protect Your Rights – Start with Legal Consultation

Claiming compensation from accidents or injuries is complex, involving laws, evidence, and negotiations with insurers. Mistakes can cost you your rightful compensation.

👉 To ensure fair treatment, consult an insurance litigation lawyer at Wongsakorn Law Office. Our team is ready to advise, strategize, and act to fully protect your rights. Click >> Contact Us <<

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Car Accident Cases: The Driver’s Duty to the Injured – Don’t End Up in Jail by Blindly Trusting Your Insurance Company

Posted on by wongsakornsiri
23
Sep

When a car accident case occurs, the first thing many people think is, “The insurance company will take care of everything, since I’ve already paid my premiums.” But in reality, the driver or vehicle owner still has legal duties that must be fulfilled. Ignoring these responsibilities or blindly following the insurance company’s advice can not only disadvantage the injured party but also expose you to criminal charges. You could even end up in jail because of your own insurer.

This article explains why drivers must care for the injured, rather than arguing or saying, “If you want compensation, go sue,” and provides the right approach to avoid serious consequences.

Common Misunderstandings in Car Accident Cases

After a collision, many drivers tend to:

  • Obey everything the insurance company’s staff says.
  • Deny responsibility and tell the injured party, “Go sue the insurance company yourself.”
  • Believe that compensation is solely the insurer’s job, not theirs.

These mindsets are dangerous. Legally, the driver and vehicle owner are still the primary responsible parties regardless of insurance coverage. Neglecting the injured or acting confrontational can lead to additional charges, such as failure to provide assistance or even criminal liability for reckless driving causing serious injury or death.

The Driver’s and Owner’s Duties

When a car accident happens, the law and society expect the driver to:

✅ Stop the vehicle and render aid – fleeing the scene is a criminal offense and can result in imprisonment.
✅ Notify the police – to ensure the incident is officially recorded.
✅ Take the injured to the hospital – even if insurance will later cover costs, immediate assistance is the driver’s duty.
✅ Cooperate with the injured in claiming from insurance – often overlooked, this duty ensures the insurer compensates properly. The driver must support the victim’s rights, not oppose them.

Dangers of Blindly Following Insurance Companies

Insurance companies aim to minimize payouts, not to protect drivers at all costs. If drivers follow company instructions without judgment, they may bear full liability. For example:

  • Refusing to compensate → the victim sues both driver and insurer, but the burden mainly falls on the driver.
  • Not cooperating with the victim → the court sees this as obstruction, leading to harsher punishment.
  • Believing insurance covers everything → the insurer may deny coverage if policy conditions are breached.

Why Cooperate with the Injured?

Cooperation is not “surrendering,” but fulfilling your legal duty, with benefits such as:

1. Lower risk of criminal prosecution – courts see willingness to help as good faith.

2. Forcing the insurer to pay – when the victim asserts their rights with your support, the insurer cannot easily refuse.

3. Building social trust – assisting shows responsibility and reduces tension with the victim.

4. Saving money long-term – early resolution prevents costly lawsuits.

Mistakes That Can Lead to Jail

  • Telling the injured: “If you want compensation, sue.” → seen as defiance and irresponsibility.
  • Following the insurer’s advice to deny everything → insurer may refuse coverage, leaving you fully liable.
  • Refusing to take the injured to hospital → criminal charge for failure to provide assistance.

Correct Steps After a Car Accident Case

1. Stop immediately and help.

2. Call the police and insurer to record the incident.

3. Take the injured to hospital without hesitation over costs.

4. Collect evidence (photos, witness names).

5. Cooperate with the injured in filing insurance claims.

6. Consult a lawyer to prevent misinterpretation of your actions.

In the event of a car accident, you can consult a lawyer immediately, whether you are at fault or not.

Car accident cases are never minor; they involve lives, property, and your own freedom. Blindly trusting insurance companies may leave you facing criminal liability.

The most important duty of a driver is to assist the injured, support their rights, and treat the insurance company as a tool, not as your master.

If you are unsure how to handle a case, seek legal advice immediately to protect your rights.

👉 If you or someone you know is facing a car accident case and fears being sued or jailed, consult Wongsakorn Law Office. Our expert legal team specializes in insurance and accident cases, providing professional advice, case handling, and comprehensive protection of your rights.

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Insurance Dispute! When an Accident Victim Is Denied Compensation and Must Rely on a Lawyer

Posted on by wongsakornsiri
02
Sep

When a road accident occurs, most people expect the insurance company of the liable party to take responsibility and compensate for damages as stated in the policy whether it be medical expenses, property damage, or other forms of compensation. However, in reality, many victims face a frustrating situation where the insurance company remains silent, refuses to act, or offers compensation far below the actual damages.

This article, from Wongsakorn Law Office, presents a real-life case involving an insurance dispute that happened to one of our clients. The victim was severely injured in a traffic accident, but the insurance company neglected its responsibility and offered an unfair settlement. Eventually, the case was taken to court, where the judge ruled that the insurance company must pay a significantly higher amount than what had originally been offered.

The Beginning: Accident and Insurance Company’s Negligence

The victim, who was riding a motorcycle, was struck by another vehicle and suffered severe injuries including fractures to the leg, wrist, and fingers. The motorcycle was also heavily damaged. The at-fault driver admitted negligence, and under the law, the insurance company was required to cover all damages.

Yet, during police investigation and negotiation, the at-fault party’s insurance company ignored its responsibility and failed to offer any compensation despite the insurer’s role being to ease the victim’s hardship and provide fair restitution.

Turning to a Lawyer After Unfair Treatment

Unable to accept such injustice and in pain both physically and mentally, the victim sought help from Lawyer Arm, an insurance litigation specialist at Wongsakorn Law Office, to pursue rightful compensation from the insurance company.

The law office began by filing a complaint with the Office of Insurance Commission (OIC.), the regulatory body overseeing insurance companies in Thailand, to demand justice for the victim.

The Unfair Settlement Offer

Following the complaint, the insurance company eventually responded by offering only 100,000 THB in compensation, claiming that this was appropriate for the victim’s injuries.

However, given the actual extent of damage, physical injuries, lost income, and severe property loss this amount was unreasonably low. This reflects a common tactic among insurance companies: offering minimal payouts to protect their own interests rather than genuinely supporting the victim.

Fighting in Court: Toward Fair Compensation

Since negotiations failed to bring justice, Wongsakorn Law Office filed a lawsuit against both the negligent driver and the insurance company.

After trial, the court ruled that the defendants must pay the victim 425,322 THB plus 5% annual interest, along with 8,000 THB in attorney fees and 3,000 THB in court costs.

Compared with the 100,000 THB initially offered, the difference is striking. This outcome proves that without legal representation, victims may be forced to accept unfair settlements or receive no proper compensation at all.

Why Having an Insurance Litigation Lawyer Is Essential?

1.Understanding Insurance Tactics
 Insurance companies have legal teams to protect their interests. Without a lawyer, victims are at a severe disadvantage.

2.Accurate Damage Assessment
 Lawyers can gather medical evidence, financial records, and property damage reports to prove the true extent of losses.

3.Preventing Exploitation
 Many victims accept low settlements due to lack of legal knowledge. Lawyers ensure victims receive fair and just compensation.

4.Proper Legal Procedures
 From filing complaints with the OIC. to litigating in court, experienced insurance lawyers handle cases efficiently and effectively.

An Important Lesson for All Accident Victims

Comparing the insurance company’s 100,000 THB offer to the court’s ruling of 425,322 THB clearly demonstrates the importance of legal representation. Without it, victims risk losing their right to fair compensation.

This case serves as an important reminder: never face an insurance company alone. Consulting a lawyer from the very beginning is the best way to protect your rights.

Consult a Lawyer Immediately. Don’t Let Insurance Companies Take Advantage

Accidents can happen anytime, and insurance claims follow. But insurance companies don’t always act fairly and many tried to minimize payouts.

That’s why victims and their families must recognize that having an insurance lawyer is not a luxury, but a necessity to ensure justice and proper compensation.

If you or someone you know is facing issues with an insurance company, do not wait. Consult an insurance litigation lawyer immediately. Insurance companies already have their own legal teams. So should you.

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A Life-Changing Accident and the Right to Claim Compensation: Case Studies and Lessons Policyholders Should Not Overlook

Posted on by wongsakornsiri
15
Aug

Accidents can happen at any time, without warning, and the consequences can change a life in a matter of seconds. When such incidents occur, policyholders and their families face not only physical pain but also mounting expenses, loss of income, career disruptions, and ongoing family responsibilities as if nothing had happened. The most valuable lesson for every insurance policyholder is to understand their rights and to exercise them properly according to legal procedures. The Compilation of Arbitration Awards on Insurance Disputes published by Wongsakorn Law Office is more than just a collection of case studies; it is a practical guide showing what steps victims should take to protect their rights when disputes arise.

Case Study: Motorcycle Taxi Accident – Loss of a Finger, Loss of Income, and Lost Opportunities

In this case, the victim was a motorcycle taxi driver, a profession that requires full physical capability. Following a serious accident, he lost two joints of his left ring finger. He underwent multiple surgeries and had to stop working for several months, losing the income that supported his family. When he recovered, he sought compensation from his insurer under the terms of his policy, only to face an obstacle: the insurance company claimed he had already settled in a criminal case, which meant he could not claim certain portions of compensation. Without legal knowledge, many policyholders might accept such arguments without realizing they have given up part of their rights, nor knowing how to recover them. This is why having an experienced lawyer to handle the case is crucial to ensure you get what you are entitled to under the law and to protect your rights in full.

The Arbitration Award: Facts Over Allegations from the Insurer

Wongsakorn Law Office pursued the rightful claims, and the arbitrator examined all relevant evidence in light of the policy terms. The decision was as follows:

  • Medical expenses before the dispute: Verified hospital receipts totaled 79,097 THB, fully payable by the insurer.
  • Loss of body parts: Loss of two joints of the left ring finger was covered up to the maximum policy limit of 200,000 THB, even if the claim was higher.
  • Future medical expenses: Claims for prosthetic finger, physiotherapy, and acupuncture were denied due to lack of medical prescriptions or supporting documents.
  • Other related medical expenses: Travel costs to hospitals and for document handling totaled 4,250 THB, deemed reasonable.
  • Loss of income: Previously earning 1,000 THB/day, but after reviewing actual circumstances, 750 THB/day was awarded for a 7-month work break, totaling 157,500 THB.
  • Loss of future earning capacity: Due to the impact on his ability to work as a motorcycle taxi driver, 200,000 THB was awarded.
  • Non-economic damages: For pain, scarring, and emotional distress, 300,000 THB was awarded.
  • Attorney’s fees and collection costs: Not awarded under the law.

Total additional payment: 306,997 THB, plus 15% annual interest.

Why You Need the “Compilation of Arbitration Awards on Insurance Disputes”?

This compilation by Wongsakorn Law Office is not theoretical; it contains real cases with actual rulings, serving as an important reference for policyholders, business owners managing risk, and law students seeking practical understanding beyond textbooks. In reality, insurance disputes don’t end with the policy wording or claim form they hinge on facts, evidence, and interpretations shaped by arbitration decisions. Many overlook indirect costs, such as travel to the hospital, medical documentation fees, time spent managing the case, or caregiver costs during recovery. Without proof, these often go uncompensated.

Wongsakorn Law Office: Your Trusted Partner for Protecting Your Rights

Many policyholders try to handle claims themselves, only to lose rights due to insufficient evidence, procedural errors, or legal tactics by insurers to limit liability. Wongsakorn Law Office reviews policy terms, analyzes facts, gathers evidence, and executes precise legal actions whether in court or arbitration to ensure your rights are fully protected. In an accident, the right knowledge and an expert legal team are essential for maximizing your claims. With complete documentation and strategic planning, you avoid trial-and-error approaches or letting the insurer dictate the interpretation. If you are facing an insurance dispute, contact Wongsakorn Law Office to plan your case and claim the compensation you are rightfully entitled to.

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Disabled from an Accident! Insurance Company Tricks Victim by Offering Only 100,000 Baht for a Lost Finger!

Posted on by wongsakornsiri
15
Aug

Road accidents can happen anytime and anywhere. Even if we are careful, we can still be injured due to the negligence of others. When a person drives without responsibility or caution, they inevitably cause trouble and suffering for others. The responsible party should take full responsibility for the injuries and damages caused.

This is the story of a victim who became permanently disabled due to another person’s negligence, resulting in the loss of a finger. Let’s follow the case.

Becoming Disabled from an Accident You Didn’t Cause!

In this unfortunate incident, the victim was riding a motorcycle cautiously and following traffic laws when a car, driven recklessly and without due care, collided with the victim’s motorcycle. The impact caused the victim to lose control and fall, with their body thrown under the other vehicle. The victim sustained multiple serious injuries, the worst of which required a finger amputation, leaving them permanently disabled.

After the investigation, the police concluded that the car driver was at fault. The driver admitted responsibility at the scene.

Severe Injuries Leading to Finger Amputation

The accident caused the victim severe lacerations on the left little finger, with bone loss extending deep into two finger joints. Doctors determined that the little finger had to be amputated, resulting in permanent disability. Additional injuries included deep lacerations on the left wrist, loose lower teeth, and large, deep abrasions in multiple areas.

The victim had to travel to the hospital every day for wound cleaning and follow-ups, which was extremely inconvenient and distressing.

From a Healthy Individual to a Disabled Person Missing a Limb

Aside from the emotional trauma of losing a limb, the victim also suffered a major loss of income. Before the accident, the victim earned around 120,000 Baht per month through a full-time sandwich-selling business and an additional 50,000 Baht from side jobs.

After the accident, the victim lost the ability to work and the income that supported their livelihood. It remains uncertain whether they will ever be able to work as before, as the disability significantly impacts daily life.

Compensation of 100,000 Baht Cannot Replace a Lost Finger

Adding insult to injury, the liable party’s insurance company grossly undervalued the victim’s damages. They offered only 20,000 Baht for future medical expenses, lost income, hygiene, and suffering combined, plus a lump sum of 100,000 Baht for disability, far less than the actual damages.

In fact, under the compulsory motor insurance policy, the insurance company was required to pay up to 600,000 Baht. Yet, they delayed the process and refused to provide a written decision, leaving the victim uncompensated to this day.

Why Should You Have a Lawyer to Protect Your Rights?

The victim felt they were being treated unfairly by the insurance company and sought help from Wongsakorn Law Office, renowned for handling serious injury cases.

Upon reviewing the case, the legal team found the offered compensation grossly inadequate compared to the actual loss. They proceeded to file a lawsuit demanding full and fair damages, ensuring that the victim receives the compensation they rightfully deserve for a loss that is both severe and permanent.

Today, many insurance companies attempt to minimize payouts to protect their profits, often neglecting fairness and compassion. Wongsakorn Law Office specializes in insurance litigation, with a strong legal team ready to handle every step until justice is achieved.

If you are being taken advantage of by an insurance company, click >> Contact Us <<.

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Car Accident: Broken Arm, Broken Leg, Metal Plates  How Can You Claim Compensation? Know Your Rights Before the Insurance Company Takes Advantage of You

Posted on by wongsakornsiri
30
Jul

Car accidents can happen anytime, whether you’re driving a car or riding a motorcycle. Motorcyclists are especially at risk of severe injuries because there’s no vehicle structure to protect the body directly. In many cases, the injured suffer fractures  broken arms, broken legs, and require metal plates  to fix the bones so they can function normally again. The medical and rehabilitation expenses can be very high.

Many people think that the other party’s car insurance will cover everything, but in reality, insurance coverage often does not fully cover actual damages. Insurance companies frequently offer to pay only a portion, leaving injured victims unknowingly forfeiting their rights.

A Real Case: Hit by a Car, Broken Arm and Leg, Metal Plates Insurance Denied Responsibility but Paid More After Legal Action

One of the cases handled by Wongsakorn Law Office involved a victim riding a motorcycle home as usual, when the other driver suddenly cut in, causing a severe collision. The victim suffered multiple fractures in the arm and leg, required surgery to insert metal plates, and was hospitalized for over two months. After discharge, they needed continuous physical therapy and could not return to work immediately.

At first, the other party’s insurance company only compensated basic damages according to the policy limit, citing the maximum coverage of the voluntary insurance and the Compulsory Motor Insurance Act, which together did not cover the actual damages. The victim tried to negotiate alone but failed, so they decided to consult with Wongsakorn Law Office.

The legal team reviewed documents, gathered medical certificates, receipts, loss of income records, and filed a claim for additional compensation. The court later ordered the other party and the insurer to pay over 560,998 THB  ensuring fair justice under the law.

What Rights Does an Injured Person Have? Don’t Just Take One Lump Sum!

Many people mistakenly believe that once they get money from insurance, the case is over. In reality, if the actual damage exceeds the coverage limit, the insurer or the other party still has the obligation to pay the difference. Victims have the right to claim various types of compensation, including:

✔️ Actual medical expenses — not just at the time of the accident but including future physical therapy and surgery to remove the metal plates.
✔️ Loss of income — if the injured person must stop working for a long time, lost income can be claimed.
✔️ Physical and emotional damages — such as permanent disability, loss of working capacity, or reduced quality of life.
✔️ Other necessary costs — such as travel expenses to see a doctor or care costs during recovery.

Key Evidence: Don’t Let It Go Missing

The most important thing in an insurance claim case is evidence. Victims should keep detailed proof such as:

  • Medical certificates, hospital receipts, X-rays, medical reports.
  • Photos of injuries, damages, or the accident scene.
  • Income documents to prove lost earnings.
  • Records of contact with the insurance company or the other party.

Having solid evidence helps the lawyer prepare a strong claim or lawsuit, increasing the chance of winning the case and receiving what you truly deserve.

Why Should You Consult a Lawyer?

In cases like this, without an expert’s help, many victims end up accepting what the insurance company offers because they think “this must be all I can get.” In reality, claiming compensation requires legal understanding and negotiation strategy.

Wongsakorn Law Office has a team of lawyers specializing in insurance and tort cases. We can plan, gather evidence, negotiate, or even file a lawsuit in court to ensure you receive fair compensation according to your rights, without being exploited or underpaid.

Don’t Wait Until It’s Too Late — Consult a Lawyer Immediately

Many accident victims give up because they fear complications, high costs, or simply don’t know where to start. But believe us — if you face a situation like  broken arms, broken legs, metal plates  causing loss of income and long-term medical expenses, making the right claim from the start will ease your financial burden and restore justice to your life.

Wongsakorn Law Office is ready to support you at every step — from consultation, evidence checking, and negotiation to court proceedings — to help you claim what you rightfully deserve by law.

✅ If you or someone close to you has been in a car accident, don’t lose your rights just because you lack information.

☎️ >> Contact << Wongsakorn Law Office now — we’re ready to take care of every case.

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Broken leg with metal implants due to a car accident — Insurance refuses to pay? What should you do?

Posted on by wongsakornsiri
25
Jul

Many people believe that if they have insurance, they will automatically receive compensation without any issues. But in reality, it’s not that simple — especially when the incident is so severe that it results in a broken leg that requires metal implants . The medical costs can reach hundreds of thousands of baht, plus many other related expenses, yet insurance companies still find ways to deny or minimize the payout by all possible means.

In this case, the victim was a minor who had to undergo  surgery to insert metal plates  and will continue to incur medical expenses in the future. However, what the family faced was fierce pushback from the insurance company. Even with all the required documents — the birth certificate and the father’s marriage certificate clearly proving the legal relationship — the insurance company still claimed that they could not confirm the father was truly the victim’s parent, despite having official documents right in front of them! The father was told he could not file a lawsuit to claim the rights on behalf of his child. So what should be done in this situation? Today, Wongsakorn Law Office would like to share some practical legal insights with you.

How do insurance companies dodge responsibility? See this case!

How Do Insurance Companies Avoid Liability? Check Out This Case!

Many people don’t realize that insurance companies can find loopholes to dispute almost anything. For example, in this case:

They claimed that the relationship certificate documents were incomplete, even though there was a clear birth certificate and the father’s marriage certificate.

They argued that the medical expenses were exaggerated, even though the victim needed repeated treatments and would have future costs for surgery to remove the metal plates.

They claimed the compensation claim was unclear — saying who was at fault hadn’t been concluded yet, despite full police evidence and the other party’s confession.

This shows clearly how insurance companies will try every possible way to reduce the amount they have to pay or to deny liability altogether.

What did we manage to claim in this case?

Despite facing many objections, our legal team prepared witnesses, gathered evidence, and managed the entire arbitration process until full compensation was successfully claimed according to the client’s rights, covering:

  • All actual medical expenses incurred before submitting the dispute, including major surgery costs, room fees, and all related care costs.
  • Future medical expenses for hardware removal surgery and ongoing physical rehabilitation.
  • Loss of income during recovery due to inability to work.
  • Loss of future earning capacity.
  • Other non-monetary damages.

All of this ensures that the injured party receives what they are entitled to under the insurance policy, without being taken advantage of or forced to surrender to the insurance company.

Many people think that having the OIC (Office of Insurance Commission) is enough and there’s no need for a lawyer — is that really true?

Many people believe that when an incident happens, the Office of Insurance Commission (OIC) will help and that hiring a lawyer or legal advisor isn’t necessary and just an extra expense. But in reality, there have been many cases where people were confident they could handle it themselves through government channels — only to end up receiving no compensation or just a small amount, far from covering the pain and damages suffered.

👉 In this very case

 you can clearly see that the insurance company already had lawyers and legal advisors prepared long before any claim even arose. They have complete strategies to counter every angle. But ordinary people, without legal knowledge, complete evidence, or experience to fight an insurer’s legal team, have a very high chance of losing their rights.

See how insurance companies have so many ways to avoid responsibility? Without someone who understands the legal game and knows how to counter these tactics, you are far more likely to be at a disadvantage.

Why Wongsakorn Law Office?

Wongsakorn Law Office is a legal team specializing in insurance cases and compensation claims for car accidents in particular. We fully understand the relevant laws, the evidence needed, and how to negotiate with insurance companies from all perspectives.

What makes us different is our experience and meticulous preparation that ensures you don’t miss your rights. We focus on evidence planning, thorough preparation at every step, and fighting to get you your full legal entitlement, no matter what tactics the insurance company uses to deny your claim.

If today you or someone you know faces the same problem —  broken leg with metal implants due to a car accident,
the insurer refuses to pay, pays too little, or won’t pay at all —
don’t handle it alone and risk losing your rights or wasting time unnecessarily. Let Wongsakorn Law Office handle every step systematically to make sure you receive the full legal compensation you deserve.

>> Contact us << — We’re ready to serve you professionally ✅

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Car Accident with Severe Injury (Broken Leg with Metal Rod): How to Claim Compensation from Insurance? Understand Your Rights and Procedures in Detail

Posted on by wongsakornsiri
17
Jul

A car accident resulting in a broken leg with a metal rod is classified as a severe injury that significantly impacts the injured person’s life. This includes medical expenses, living costs during recovery, ongoing expenses, and future loss of income. Many victims are unaware that they are legally entitled to claim compensation from insurance companies, and they might receive more than they expect if they prepare sufficient evidence and have an experienced legal professional carefully guide them.

Real Case! Broken Leg with Metal Rod Received Over 900,000 Baht in Compensation

Based on a real case handled by Wongsakorn Law Office, a victim was involved in an accident where a truck collided with them, resulting in a broken leg that required a metal rod and over 71 days of recovery. They incurred significant expenses and will also need surgery to remove the metal rod in the future.

The office successfully submitted a claim for compensation from the insurance company, with the following details:

  • ✅ Medical expenses before submitting the claim: 11,127 Baht
  • ✅ Future medical expenses and cost of metal rod removal surgery: Over 190,826 Baht
  • ✅ Travel and other expenses during treatment: 60,000 Baht
  • ✅ Loss of income during recovery: 300,000 Baht
  • ✅ Loss of earning capacity in the future: 150,000 Baht
  • ✅ Compensation for mental pain and suffering: 500,000 Baht

In total, the court and arbitrator ordered the victim to receive a total of 900,826 Baht in compensation, plus 15% interest per annum until full payment is made.

Legal Support for Claiming Compensation for a Broken Leg with a Metal Rod

Under Sections 438, 446, and 887 of the Civil and Commercial Code, victims of severe injuries are entitled to claim:

  • Medical expenses (both past and future)
  • Loss of income
  • Loss of earning capacity
  • Compensation for pain and suffering

The court or arbitrator will consider evidence such as medical certificates, receipts, travel expenses, proof of previous income, and future expenses. Therefore, it is crucial for the injured party to prepare this information and have a legal expert assist them.

Why Can a Broken Leg with a Metal Rod Claim High Compensation?

Metal rod removal surgery is not a minor expense. The actual cost can be as high as hundreds of thousands of baht, including operating room fees, medical services, medications, special equipment, and physical rehabilitation.

Physical recovery after a metal rod takes a long time. It involves multiple wound cleanings, nutritional supplements, follow-up examinations, as well as travel costs and lost time.

Loss of income and future opportunities. If the injured person works in a labor-intensive occupation, such as a truck driver or construction worker, their income may be immediately halted for several months or even a year. According to the law, this can be recovered.

What to Do If the Insurance Company Fights Back?

Often, insurance companies will cite limitations on coverage under the Compulsory Motor Insurance Act (Por Ror Bor) and voluntary policies, or argue that the claimant’s demands are excessive, such as undocumented legal fees or expenses.

In such cases, the injured party must have clear evidence, such as medical certificates, receipts, surgery cost evaluations, proof of previous income, or evidence of actual travel expenses, so that the court or arbitrator can fully consider them.

Checklist of Important Documents for Claiming Compensation for a Broken Leg with a Metal Rod

✔️ Medical certificate clearly stating a broken bone requiring a metal rod. 

✔️ Receipts for medical treatment, medication, and travel. 

✔️ Proof of income, such as employment contracts, payment receipts, or pay stubs. 

✔️ Accident report / police daily record. 

✔️ Hospital’s evaluation of the cost for metal rod removal surgery.

Why Do You Need a Lawyer?

A case involving a broken leg with a metal rod is more complex than it seems. Without a lawyer, the injured party might not claim everything they are entitled to because they might overlook crucial components such as future medical expenses, physical therapy costs, travel expenses, or actual income evidence.

A lawyer will:

  • ✅ Assess actual rights and claimable amounts.
  • ✅ Gather complete evidence.
  • ✅ Negotiate with the insurance company.
  • ✅ Handle the case in arbitration or court until full compensation is received.

❓ Q&A: Frequently Asked Questions

Here’s the translation of your Q&A into English and Chinese:

Q: How long does it take to receive compensation? 

A: The processing time depends on the readiness of evidence and the expertise of your lawyer. If documents are thoroughly prepared and a specialist provides close guidance, it will help expedite the process efficiently.

Q: What should I do if the insurance company insists on paying less compensation than I should receive? 

A: It’s recommended to consult a lawyer specializing in insurance cases to assess your legal rights and take action to claim the difference to ensure you receive the maximum fair compensation.

Conclusion: Don’t Lose Your Rights in a Car Accident with a Broken Leg and Metal Rod

If you or someone close to you suffers a severe injury like a broken leg with a metal rod in a car accident, absolutely do not let your right to claim compensation slip away! Prepare thorough evidence and let an expert lawyer handle the case. This will help you receive fair and full compensation.

Wongsakorn Law Office is Ready to Protect Your Rights

Whether you are a car accident victim or facing issues with compensation claims, Wongsakorn Law Office has a team of expert lawyers ready to provide professional advice and assist you through every step. We ensure you receive your full legal rights, including providing advice, gathering documents, negotiating, or handling cases in court and arbitration.

Contact Us for Consultation

If you or someone close to you has been involved in an accident and needs to claim compensation, contact Wongsakorn Law Office immediately. We are happy to provide detailed consultation to ensure you receive fairness.

Recover fully first

Who’s at Fault? Who Pays? Know Your Rights to Claim Compensation from Insurance Cases

Posted on by wongsakornsiri
01
Jul

Did you know? Car accidents are not just about vehicle damage or temporary injuries.
You may be entitled to claim compensation worth hundreds of thousands of baht if you know how to properly exercise your legal rights.

The Case Study: “Serious Injuries” and “Claim Compensation”

The case study we present today involves a victim riding a motorcycle who was suddenly cut off by a car turning in front of them, resulting in “serious injuries”.
Ultimately, the victim was able to “claim compensation” from the insurance company totaling 564,828.25 baht through arbitration proceedings.

Real Incident: Severely Injured by a Car Turning in Front

The victim was riding a motorcycle normally when suddenly a car coming from the opposite direction turned right abruptly cutting in front.
A severe collision occurred causing multiple bone fractures. The victim was hospitalized for 17 days and had to recuperate for over 2 months before regaining normal function.
Although the car involved had private insurance and the driver admitted negligence, the insurance company disputed responsibility and refused to pay the requested compensation, leading to arbitration.

What damages can the victim claim?

According to the Civil and Commercial Code Sections 438 and 444, victims of accidents have the right to claim various compensations including:

  • Medical expenses, both past and future
  • Nurse wages and caregiver travel costs
  • Loss of income during illness, such as income from side jobs
  • Compensation for non-monetary damages such as pain and loss of normal life

These rights are very important because they help the victim return to life as close to normal as possible without bearing the financial burden alone.

Arbitration Result: Insurance Company Must Pay According to Victim’s Rights
 The arbitrator examined all evidence and found the car driver clearly negligent, ruling that the insurance company must pay compensation as follows:

  • Medical expenses: 11,228.25 baht
  • Future medical expenses: 100,000 baht
  • Nurse wages and travel costs: 20,000 baht
  • Loss of income from side work: 33,600 baht

Compensation for physical and mental pain: 400,000 baht Total: 564,828.25 baht

Personal Opinion from the Team

 Even though the insured driver was a government official knowledgeable about the law and admitted fault,
the insurance company fought vigorously to deny responsibility. This shows that you should never be complacent even if the facts seem clear,
because insurance companies often dispute to reduce or avoid payment.

Another interesting point is about paying caregivers during illness.
Even if the victim has the caregiver’s ID card as proof, this is insufficient if the caregiver does not testify in person.
Incomplete evidence can lead courts or arbitrators to reject the claim immediately.

Don’t Be Complacent! You Have More Rights to Claim Compensation Than You Think
 Many mistakenly believe that if they have free medical care from the government, such as civil servants or social security,
they cannot claim money from the responsible party or insurance company.
In fact, these rights do not exclude each other!
You can still claim future medical expenses, loss of income, and compensation for physical and mental damages if you have evidence and valid explanations.

Why Should You Have a Lawyer for Insurance Cases?

Having a lawyer specialized in insurance cases helps you preserve your rights because the lawyer will assist you in every step, including:

  • Assessing the damages you can claim
  • Collecting and organizing evidence
  • Negotiating with the insurance company
  • Professionally filing a lawsuit in court or arbitration

Wongsakorn Law Office – True Experts in Insurance Cases

 We are ready to support you at every stage of your case, whether it is advising, gathering evidence, or claiming full compensation down to the last baht.
Whether you are a victim of a car accident, insurance case, or other tort cases, WongSakorn is the legal team you can trust.

Consulting a lawyer from the start is the way to avoid disadvantage against insurance companies.
If you or someone close to you experiences an accident, remember that you have the right to claim medical expenses, loss of income, and compensation—just prepare your evidence and exercise your rights fully under the law.

WongSakorn Law Office is here to support you in every accident and insurance case,
ensuring you receive full legal rights without omission or disadvantage.
If you want our legal team to help evaluate your case, gather documents, or proceed with compensation claims,
contact us immediately. Because true justice begins with knowing your rights and using them correctly.

Recover fully first

Can You Claim Insurance Compensation for Broken Teeth in a Car Accident?

Posted on by wongsakornsiri
26
Jun

A car accident doesn’t just damage vehicles—it can also seriously harm drivers and passengers. One common and painful injury is broken or loosened teeth due to impact, which isn’t just a cosmetic issue but a serious health concern requiring immediate treatment. So, in such cases, can you claim compensation from your insurer for “car crash with broken teeth”?

The answer is yes, but it depends on several factors: the type of car insurance you have, whether it covers personal accidents, and whether you have adequate documentation to support your claim.

Which Types of Car Insurance Cover Dental Injuries?

To claim dental treatment under car insurance, consider the following policy types:

1.Voluntary Car Insurance (Comprehensive – Class 1, 2+, 3+)

o    Class 1 typically covers both vehicle damage and bodily injury, including dental treatment for broken teeth.

o    Class 2+ and 3+ may cover personal accident injuries—but you must check the actual terms in your policy.

o    If your policy has a Personal Accident (PA) rider, it may cover dental treatment or broken teeth.

2.Compulsory Third-Party Liability Insurance (CTPL / พ.ร.บ.)

o    CTPL covers medical treatment up to 30,000 THB per person for injuries. If a broken tooth is part of that injury, you can claim it.

o    With a valid medical certificate and dental or hospital receipts, you can submit your claim accordingly.

Documents Required to Claim Dental Treatment

If you’re injured and experience dental trauma in an accident, gather these documents:

1.Copy of your insurance policy

2.Medical or dental certificate stating the injury (e.g., broken or loose teeth, need for crowns or implants)

3.Dental treatment receipts

4.Police accident report or daily log copy

5.Photos of the injuries or post-treatment (if available)

6.Copies of your ID card and house registration

Key Tips Before Filing a Dental Claim

  • Insurers may categorize treatment as “cosmetic” unless medical necessity is proven, so strong documentation is essential.
  • You can still claim excess coverage under Class 1 or a PA rider even after claiming CTPL.
  • Passengers can directly claim from the at-fault vehicle’s insurance.

What to Do If Your Claim Is Denied

If your insurer refuses or underpays your dental claim, do the following:

1.Consult a lawyer first to evaluate legal validity and policy terms, and to prepare legal action if severe injury or bad-faith denial occurs.

2.Contact your insurer and provide additional medical documents, e.g., detailed certificates.

3.File a complaint with the Office of Insurance Commission (OIC) to seek mediation.

How Legal Help Can Make a Difference

A real arbitration case illustrates the importance of legal representation. In Arbitration Case No. 217/2561 (Sourced from Arbitration Decisions on Insurance Injury, by Supasit Siri, Attorney Arm):

  • Claimant requested ~900,000 THB—including medical costs, future treatment, lost income, and mental distress.
  • Insurer contested the high amount and cited a 500,000 THB coverage limit.
  • Arbitrators awarded 379,310 THB (with interest), breaking down as:
    • Future dental treatment: 100,000 THB
    • Lost income during recovery: 29,310 THB
    • Future earning capacity loss: 100,000 THB
    • Non-economic damages: 150,000 THB
    • Plus legal interest of 15% p.a.

This case shows dental injury claims are complex. Legal guidance can ensure you receive what you rightfully deserve.

Why You Should Consult a Lawyer Immediately?

Consulting a lawyer first is the most effective way to protect your rights. A legal expert can help you draft demand letters, file police reports, review policy details, and pursue litigation when necessary. With legal support, you’ll be equipped to claim full compensation—covering medical bills, lost wages, and emotional harm—without being shortchanged by insurers.

Summary

  • In case of a car crash with broken teeth, you may claim under CTPL and voluntary insurance (Class 1 or PA rider).
  • Prepare full documentation and understand your policy.
  • If your claim is unjustly denied, consult a lawyer first, then follow up with the insurer and OIC if needed.

🔑 Remember: Protect your rights and ensure you receive all the compensation you deserve.

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