Compensation for Loss of Use of a Vehicle is a right that people injured in a motor vehicle accident should understand. When a vehicle is damaged and needs to be taken to a repair shop, the injured party may be unable to use the vehicle normally, and the damage may not be limited to the vehicle repair costs. There may also be losses resulting from the inability to use the vehicle during the repair period. However, making a claim does not mean that the claimant will automatically receive the amount requested. The facts, evidence, repair period, and details of the damages must all be considered together.
What Is Compensation for Loss of Use of a Vehicle?
From the perspective of Lawyer Arm Supasit Siri of Wongsakorn Law Firm, injured parties should understand that when an accident occurs and a vehicle is damaged to the point that it needs repairs, the period during which the vehicle cannot be used may result in additional losses. For example, the owner may need to rent another vehicle, travel by other means, or, if the vehicle is used for work, the loss of use may affect their income.
Therefore, before accepting an offer from an insurance company, the injured party should carefully review what types of damages the amount offered covers and whether the amount is consistent with the actual facts. The initial offer received may not be the final amount that reflects the full extent of the damages.
From an Offer of 7,500 Baht to Damages Worth Hundreds of Thousands of Baht
One case that Lawyer Arm presents as an example involved an injured party who owned a pickup truck and was involved in an accident in Phuket. Initially, before a lawyer became involved in the case, the insurance company offered the injured party only 7,500 baht in compensation for loss of use of the vehicle.
After the injured party felt that the amount might not correspond to the actual damages suffered, they searched for information online and found an educational video by Lawyer Arm on YouTube. They then contacted Wongsakorn Law Firm to seek legal advice and have the firm handle the claim for damages.
After the matter was handled and the details of the case were considered, the injured party received damages amounting to hundreds of thousands of baht, compared with the initial offer of 7,500 baht from the insurance company. This case therefore demonstrates that the initial amount offered by an insurance company should not necessarily be a figure that an injured party should immediately accept without first examining the facts and their own legal rights.
Why Is Evidence Needed When Claiming Compensation for Loss of Use of a Vehicle?
Claiming compensation for loss of use of a vehicle requires consideration of relevant evidence, such as vehicle repair documents, the period during which the vehicle was at the repair shop, evidence regarding the use of the vehicle, as well as other documents or information that can demonstrate the actual damages suffered.
Therefore, injured parties should not simply think, “Whatever amount the insurance company offers, I will accept.” Instead, they should first check whether the offer covers the actual damages suffered and whether there are any additional documents or facts that can be used to support a further claim.
In some cases, negotiating without systematically preparing the necessary information may prevent the injured party from fully presenting the relevant facts. Therefore, gathering evidence from the beginning is important.
Should an Injured Party Accept Payment from the Insurance Company Immediately?
The answer is not the same in every case, as the relevant documents and conditions must be considered on a case by case basis. Most importantly, injured parties should carefully read and clearly understand the details of the offer and any documents they are about to sign, especially any wording that may relate to the settlement of the claim or the waiver of other rights.
If they do not understand the contents, injured parties can request time to review the documents or consult a legal expert before making a decision. This is because signing certain types of documents may affect their ability to make further claims later.
Lawyer Arm Supasit therefore reminds consumers not to make a decision based solely on the amount offered by the insurance company. Instead, they should consider what criteria and facts the amount is based on and whether the actual damages suffered involve additional details beyond that amount.
Insurance Companies Have Lawyers from the Beginning, and Injured Parties Can Have Lawyers as Well
When an accident occurs, many injured parties may feel that an insurance company is a large organization with staff and experts handling the matter, while they themselves do not know where to begin.
From Lawyer Arm’s perspective, having knowledge of your own rights is therefore important, especially regarding compensation for loss of use of a vehicle. Injured parties should know what they can claim, what evidence they need to prepare, and how they should negotiate in a manner consistent with the facts.
For cases where they wish to file a complaint or seek assistance from a relevant agency, injured parties should understand the role and procedures of that agency, as well as consider whether their case requires additional legal advice.
Do Not Underestimate an Accident, as the Damages May Be Greater Than Expected
Accidents are something no one can predict, whether you are the person who caused the collision or the person whose vehicle was hit by another vehicle. When an accident occurs, what should be done is to gather complete information and evidence, from photographs of the accident scene and documents from the insurance company to vehicle repair documents and evidence of expenses and damages incurred.
The example involving an initial offer of 7,500 baht followed by compensation amounting to hundreds of thousands of baht should not be viewed as a standard indicating that every case will receive the same amount. Rather, it is an example that reflects the importance of carefully assessing one’s rights and damages. The initial amount offered by an insurance company may need to be examined against the facts of each individual case.
If you have been involved in an accident and have questions about compensation for loss of use of a vehicle, or are unsure whether the offer from the insurance company is appropriate in relation to the damages suffered, you should study the relevant information and consult a lawyer before deciding how to proceed, so that you can carefully understand your rights and the appropriate course of action.
Consult Lawyer Arm Supasit Siri of Wongsakorn Law Firm to assess the facts and determine an approach for claiming compensation at Contact Us