When an accident causes damage to a vehicle, the injured party may face more than just vehicle repair costs. They may also be entitled to compensation for loss of use of the vehicle during the period when it cannot be used normally. However, many injured parties may not know how to claim compensation for this type of loss or how much they should claim. As a result, they often allow the relevant party’s insurance company to determine the amount of compensation without checking whether the offer is consistent with the actual damages suffered.
From an Offer of a Few Thousand Baht to Seeking Legal Advice and Pursuing a Case
In this example, the injured party was involved in an accident that damaged their vehicle and attempted to claim compensation directly from the other party’s insurance company. After submitting the claim, the insurance company offered only 7,xxx baht in compensation for loss of use of the vehicle, which the injured party felt did not correspond to the damages suffered.
As a result, the injured party searched for more information online and came across the Wongsakorn Law Firm YouTube channel. They watched content in which Lawyer Arm Supasit Siri explained how to claim compensation for loss of use of a vehicle. One key point was that the amount of 500 baht per day should not be understood as the maximum amount that an injured party can claim. The actual amount claimed must be considered based on the applicable criteria, facts, and evidence of each individual case.
Not Knowing the Law Does Not Mean You Have to Accept the Offer
After speaking with Lawyer Arm, the injured party decided to assign Wongsakorn Law Firm to handle the matter, as they believed that handling the matter themselves could have limitations in terms of legal knowledge, assessing the damages, and negotiating with the insurance company.
The key point is that injured parties should not assume that once an insurance company offers a certain amount of money, they must immediately accept it. Before making a decision, they should first check how much compensation for loss of use of the vehicle was actually incurred, what evidence supports the claim, and whether the offer they received contains any conditions or documents that could affect their right to make other claims.
In particular, if they are asked to sign a document to settle the claim, the injured party should carefully read the details. If they do not understand the contents, they should seek legal advice before making a decision.
Case Outcome: The Court Ordered the Insurance Company to Pay Compensation
After Wongsakorn Law Firm was assigned to handle the matter through the legal process, the case proceeded to court, and the court ultimately ruled that the insurance company, as the defendant, must pay compensation to the injured party in the amount of 87,000 baht, together with interest at a rate of 15% per year. The court also ordered the defendants jointly or alternatively to pay compensation to the plaintiff in an amount not exceeding 67,000 baht, together with interest at a rate of 15% per year.
In addition, the court ordered the defendants to reimburse the plaintiff for legal costs, including 3,000 baht in attorney’s fees and 5,000 baht in case expenses, as detailed in the judgment.
Another important point in this case is that the court awarded compensation for loss of use of the vehicle in the amount claimed by the plaintiff and awarded 20,000 baht for vehicle depreciation. As a result, the amount received by the injured party was significantly different from the initial offer of 7,500 baht.
Compensation for Loss of Use of a Vehicle Must Be Considered on a Case by Case Basis
It is important to understand that this example does not mean that every injured party will receive the same amount of compensation. Claims for compensation for loss of use of a vehicle must be considered based on the facts and evidence of each individual case, such as the type of vehicle, the period during which the vehicle could not be used, the repair period, the necessity of using the vehicle, and relevant documents.
Therefore, if an insurance company offers a certain amount of money, the injured party should first check how that amount was calculated and what reasons support it. Evidence regarding the repair period, the vehicle drop off receipt, receipts, travel expenses, or other relevant evidence may be important when assessing the damages.
In addition, if there are other damages, such as vehicle depreciation, they must also be considered separately based on the relevant facts and rights. Not all damages should be treated as merely vehicle repair costs.
Do Not Be Afraid to Exercise Your Legal Rights
In this case, Lawyer Arm Supasit Siri would like to remind injured parties that not knowing the law is not wrong. What is important is that once damages have occurred, they should not rush to accept an offer without fully understanding their own rights.
Accidents can happen to anyone. When an accident occurs, an injured party may need to deal with an insurance company that has staff and a systematic claims process. Therefore, consumers should learn about their rights, collect evidence from the beginning of the incident, and if they have any questions about an offer or documents they are required to sign, consulting a lawyer is another option for understanding their rights and the appropriate course of action.
Compensation for loss of use of a vehicle is therefore not something that injured parties should overlook, because in some cases, the actual damages may involve more details than the amount initially offered. This example therefore serves as another important lesson that before deciding to accept an offer from an insurance company, the injured party should carefully check their rights and the facts of the case.
If you have been involved in an accident, your vehicle has been damaged, and you wish to claim compensation for loss of use of the vehicle, or if you have questions about an insurance compensation offer, you can consult Lawyer Arm Supasit Siri of Wongsakorn Law Firm to assess the facts and determine the appropriate legal course of action immediately.
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