Loss of Use Compensation is an issue that has sparked considerable debate among consumers who have suffered losses. When a car accident occurs, in addition to damage to the vehicle itself and medical expenses, there are also losses arising from the inability to use the vehicle normally while it is undergoing repairs.
Many people may have wondered why, when they claim loss of use compensation directly from an insurance company, they receive a relatively low offer or have to wait a long time. However, when they see examples of cases handled by lawyers, they find that higher compensation can be claimed in a shorter period of time.
On this issue, Lawyer Arm Supasit Siri from Wongsakorn Law Firm explains that the answer lies in having the legal expertise and ability to handle the claim effectively. The difference does not come from appealing to the insurance company’s sympathy or simply asking the company to be considerate. Rather, it is based on legal principles, facts, evidence, and a properly planned approach from the very beginning. This is because effectively claiming compensation from an insurance company requires systematic preparation of information.
What Is Loss of Use Compensation?
Loss of Use Compensation refers to damages that an injured party may claim when their vehicle is damaged in an accident and cannot be used normally while it is being repaired at an authorized service center or repair shop. The right to claim such compensation depends on the facts of the case, the liability of the other party, and the applicable legal principles.
Claiming loss of use compensation does not necessarily mean that the injured party will receive the full amount they request. The claim must be assessed based on the period during which the vehicle could not be used, the nature of its use, the necessity of having access to the vehicle, and the supporting evidence.
Why Might Claiming Loss of Use Compensation Yourself Result in a Different Amount Than Having a Lawyer Represent You?
The key point is that claiming compensation is not simply a matter of informing the insurance company that you have suffered losses and want to receive compensation. You must be able to explain the actual losses incurred and provide facts and supporting evidence to justify the amount claimed.
An injured party who handles the claim independently may not know what documents need to be prepared, how to claim compensation, or how to respond to the insurance company’s objections. In some cases, they may accept the offer they receive simply because they want to settle the matter as quickly as possible, without having fully reviewed their legal rights and the extent of their losses.
On the other hand, having a lawyer handle the claim can help provide a clearer approach throughout the process, from reviewing the facts and gathering evidence to assessing the losses, negotiating, and proceeding in accordance with legal procedures.
However, this does not mean that having a lawyer will result in higher compensation in every case. Rather, it allows the injured party to exercise their right to claim compensation more carefully and with stronger supporting evidence.
Why Is It Important to Establish a Clear Case Strategy from the Beginning?
Lawyer Arm Supasit emphasizes that establishing a clear case strategy from the very beginning is essential. Starting with incomplete information or improperly prepared evidence may limit the claim at later stages. This is similar to fastening the first button incorrectly, which can affect the entire process.
Therefore, a loss of use compensation claim should begin with reviewing the details of the accident, the period during which the vehicle was under repair, documents from the repair shop, evidence of vehicle usage, and other relevant information. The losses should then be assessed, and an appropriate claim strategy should be established based on the facts of the case.
Having clear information enables the injured party to provide convincing explanations for the amount claimed, rather than simply stating an amount without supporting evidence.
Sympathy Cannot Be the Basis for Claiming Compensation.
Believing that an insurance company will pay higher compensation if the injured party explains their hardship or appeals for sympathy sufficiently is a serious misconception. In reality, compensation claims must be based on legal liability and the obligation to compensate for damages under the law.
Insurance companies are responsible for assessing compensation payments in accordance with the insurance coverage, policy terms and conditions, and relevant facts. Therefore, injured parties should place greater importance on evidence and legal grounds rather than simply expecting the other party to sympathize with their situation.
Loss of Use Compensation Is Not Limited to 500 Baht per Day.
Many injured parties believe that loss of use compensation is limited to just 500 baht per day because that is the amount offered by the insurance company. However, in practice, the amount claimed and the amount received may vary depending on the type of vehicle, its usage, the period during which the vehicle could not be used, and the evidence of loss.
Therefore, claimants should not be bound by a single fixed amount without considering the facts of the case. Injured parties should keep evidence of the vehicle repair period, documents showing when the vehicle was brought into and collected from the repair shop, evidence of alternative transportation expenses, and information demonstrating the necessity of using the vehicle. These documents can support the assessment of damages in accordance with their legal rights.
Understanding Insurance Is Important, but You Should Never Neglect Having Insurance Coverage.
Although injured parties should learn about their rights and understand the insurance claim process, they should not regard insurance as unnecessary. Insurance still plays an important role in helping manage the risks associated with accidents and the financial burden of potential damages.
Lawyer Arm emphasizes that road users should consider purchasing insurance coverage that is appropriate for their individual risks and financial circumstances. At the very least, they should understand the coverage provided by compulsory motor insurance and voluntary motor insurance, such as Type 3 motor insurance, to ensure they have coverage in accordance with the terms and conditions they have selected when unexpected incidents occur.
When Should You Consult a Lawyer About a Loss of Use Compensation Claim?
Claiming loss of use compensation involves more than simply informing the insurance company of how many days your vehicle has been under repair. It is a process that requires reviewing legal rights, gathering supporting evidence, and establishing an appropriate claim strategy from the very beginning.
Having a lawyer provide legal assistance from the outset may therefore help injured parties better understand their rights and handle the claim in a more systematic manner.
If you have suffered a loss due to an accident, are currently claiming loss of use compensation, or are unsure whether the compensation offered by the insurance company is appropriate, you can consult Lawyer Arm Supasit Siri of Wongsakorn Law Office from the moment the accident occurs. There is no need to wait until a dispute with the insurance company arises, as proper preparation and establishing a clear strategy from the beginning can help prevent disadvantages in the subsequent stages of the claim.
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