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.