Some people may have heard the term “back-calculating blood alcohol levels” from an insurance company after a traffic accident, especially when a breath alcohol test is conducted after the incident. However, many do not realize that providing false information—or being advised to write statements that do not reflect the truth for an insurance company—may result in losing insurance policy benefits or even lead to legal problems.
In this article, Lawyer Arm Supasit Siri of Wongsakorn Law Firm shares a real case brought to him by an accident victim as a warning for consumers and all drivers. In this case, the victim almost lost their legal rights simply because they nearly followed incorrect advice, even though their rights could have been protected.
Real Case: The Victim Almost Lost Their Rights After Following Advice from an Insurance Company
The accident occurred at approximately 2:00 a.m. The victim was involved in a traffic accident, and the police later conducted a breath alcohol test at around 3:00 a.m.
After the accident, the victim contacted Lawyer Arm Supasit Siri through the LINE Official Account of Wongsakorn Law Firm for legal advice because the insurance company mentioned back-calculating blood alcohol levels and asked the victim to provide information about the time they had consumed alcohol.
When Lawyer Arm asked about the actual facts, the victim explained that they had finished drinking at around midnight.
However, when Lawyer Arm asked, “What did you write in the document?”
The answer immediately prompted Lawyer Arm to issue an urgent warning.
The victim said that an insurance company representative or insurance surveyor had advised them to write that:
- They started drinking at 6:00 p.m.
- They finished drinking at 8:00 p.m.
- The accident occurred at 2:00 a.m.
even though these were not the actual facts.
Lawyer Arm’s Response: “A Disaster”
After hearing the information, Lawyer Arm immediately said:
“This is a disaster.”
The main reason is …
that providing information that does not match the actual facts may negatively affect the victim later.
Whether the information comes from the victim or from someone else’s advice, once the victim signs the document, it is considered information that they have certified.
Therefore, what should be done is:
Write only the actual facts.
Do not write what someone tells you if it is not true.
What Is “Back-Calculating Blood Alcohol Levels”?
The term “back-calculating blood alcohol levels” is commonly encountered in traffic accident cases.
In principle, it involves using the blood alcohol test result at the time of testing and analyzing it together with factual information, such as:
- The time drinking began
- The time drinking ended
- The time the accident occurred
- The time the alcohol test was conducted
- Other scientific information
Each person’s body absorbs and eliminates alcohol differently. Therefore, there is no fixed formula that applies to everyone. For this reason, the facts regarding the drinking timeline are extremely important. If the information is incorrect from the beginning, the analysis may also be incorrect.
What Should You Do If Someone Advises You to Provide False Information?
In Lawyer Arm’s view, if any official advises a victim to provide information that does not match the actual facts, the victim should exercise extreme caution.
This is because, ultimately, the person responsible for the information in the document is the one who signs it.
Therefore, Lawyer Arm recommends:
- Do not provide false information.
- Read every document before signing.
- If you have any doubts, do not sign it yet.
- Consult a lawyer as soon as possible after the accident.
In some cases, if there are circumstances indicating that a victim was deceived into signing a false statement to benefit another person, the facts and legal rights involved may need to be examined on a case-by-case basis.
Drunk, but Almost Lost Their Rights
This case shows that the victim did not almost lose their rights simply because they had consumed alcohol.
They almost lost their rights because they believed advice that did not match the actual facts. Fortunately, the victim consulted the Lawyer Arm before taking any further action, making it possible to correct the course in time. This is why, after an accident, you should not rush to sign any document if you do not fully understand its contents.
Why Should You Have a Lawyer from the Day the Accident Happens?
Based on Wongsakorn Law Firm’s experience, many victims seek legal advice only after they have already signed documents. In many cases, correcting the situation is more difficult than preventing the problem from the beginning.
Lawyer Arm therefore emphasizes:
“When an accident happens, the first thing you should do is consult a lawyer.”
The reason is …
that insurance companies have legal teams, advisors, and specialists to provide guidance from the very beginning.
Meanwhile, many people have to make decisions on their own while they are in shock, worried, stressed, and unfamiliar with the law.
Having a lawyer from the beginning helps you understand your rights and reduces the risk of being disadvantaged by signing documents or providing information that may have negative consequences later.
Lawyer Arm’s Recommendations
If you are involved in a traffic accident and there is an issue concerning back-calculating blood alcohol levels, or if an official asks you to sign a document regarding your drinking timeline, you should:
- Provide information based on the actual facts.
- Do not sign any document you do not understand.
- Read every document carefully before signing.
- Take photos of every document.
- Consult a lawyer as soon as possible if you have any questions about your rights or the legal consequences.
Cases involving back-calculating blood alcohol levels involve both factual and legal issues. Even a small inaccuracy in the information provided may affect the consideration of an insured person’s rights.
If you are facing issues involving a traffic accident, an insurance claim, or a dispute with an insurance company, do not wait until the situation becomes more serious. Wongsakorn Law Firm recommends consulting a lawyer from the day the accident occurs so that your case can be handled carefully and your rights can be protected step by step. In many cases, the right decision made in the first few hours can determine the outcome of the entire case.
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