General knowledge

Should You Claim Compensation from the Insurance Company or the Other Driver After a Car Accident?

Posted on by wongsakornsiri
17
Oct

A Legal Perspective from Lawyer Arm Knowing Where to Start to Get Fair Compensation

Road accidents can happen anytime, whether you’re driving a short or long distance. The resulting damages go beyond just vehicle repairs or property loss; they also include physical and emotional injuries that victims are legally entitled to claim. However, when it’s time to actually make a claim, many people are unsure: Should I claim from the insurance company or from the other driver directly?

According to Lawyer Arm from Wongsakorn Law Office, who has extensive experience handling car accident compensation cases, claiming from the insurance company is often the more practical choice. It is usually faster, more reliable, and more likely to result in fair compensation.

Who is Responsible for the Damages?

After an accident, the first step is to report the incident to the police to record the details and determine fault. Then, check whether the other party has insurance.

If they do, the insurance company will be responsible for covering the damages within the limits of the insurance policy, such as:

  • Repair costs for your car
  • Medical expenses
  • Lost income during recovery
  • Compensation for serious injury or death
  • Other related damages

In these cases, the insurance company must pay compensation on behalf of the insured driver within the coverage limits.

Can You Claim Directly from the Other Driver?

Legally, yes, you can. The person at fault must pay for all damages caused. If the other driver has no insurance or insufficient coverage, you can sue them directly.

However, in practice, this is rarely easy.
You may face challenges like:

  • The other driver denying fault
  • Inability to contact them or lack of assets to enforce judgment
  • Long court procedures to prove the claim amount
  • Even if you win, you may still not get paid if the driver has no money

So, while claiming directly from the other party is possible, it’s often slow and uncertain.

Why Is Claiming from the Insurance Company Better?

Lawyer Arm emphasizes:

“Claiming from the insurance company isn’t necessarily easier, but it’s more reliable because the company is legally obliged to pay and has the financial capacity to do so.”

Insurance companies, especially large, publicly listed ones have legal obligations and reserve funds to handle claims. While documentation and review steps may take time, victims are more likely to receive proper compensation.

Additionally, dealing with a professional insurance claim department makes negotiation smoother, compared to individuals who might avoid responsibility.

What Should You Do Right After the Accident?

When the accident happens, remember this key step:

“Ask which insurance company the other driver uses.”

This information is crucial for filing a proper claim. Then:

1. Get a police report or official record.

2. Notify the at-fault driver’s insurance company that you intend to claim as a victim.

3. Gather documents: repair receipts, medical certificates, bills, photos, and evidence of loss.

4. Negotiate with the insurer’s claim department.

5. If the insurer denies responsibility, you may pursue legal action with an attorney’s help.

Set a Clear Goal: How Much to Claim and From Whom?

Before making a claim, Attorney Arm advises:

“Be clear about how much you want to claim and who is responsible for paying it.”

This clarity helps you plan properly and avoid confusion. For example:

  • Property damage → claim from voluntary insurance (if applicable)
  • Medical costs → may be claimed from both the insurer and compulsory motor insurance (P.A.)
  • Lost income or extra compensation → may require negotiation or litigation

Evidence and Understanding Are the Keys to Successful Claims

Compensation claims rely on both complete documentation and knowledge of legal procedures. If you’re unsure how to proceed, consult an experienced lawyer in insurance and accident cases to help verify coverage, negotiate with the insurer, or file a lawsuit if needed.

The Keys to Successful Claims Talk to a Lawyer Early

“Don’t rush to blame anyone after an accident. First, identify who’s responsible for paying and the best way to claim fair compensation.”

Claiming from the insurance company might take time and paperwork, but it’s the safest and most reliable way to receive compensation. Insurance companies are legally required to pay and have the resources to do so.

Important: Always ask, “Which insurance company is the other driver insured with?” it might be the key to receiving full and timely compensation.

Wongsakorn Law Office provides expert legal services for insurance and accident claims, handled by experienced attorneys who specialize in compensation law.

 Consult our legal team today. Click [Contact Us]

Recover fully first

Case Study: Claiming Car Accident Compensation – With a Lawyer, It’s Faster. No Need to Wait Until You’re “Fully Recovered.”

Posted on by wongsakornsiri
07
Oct

Road accidents are something no one wants to experience. But when they do occur, victims have the legal right to claim car accident compensation to cover actual damages, physical, emotional, and property-related. In reality, however, many insurance companies attempt to delay or avoid responsibility by discouraging victims with phrases like: “Wait until you’re fully recovered before filing a claim.” Legally, victims are entitled to file claims immediately from the day of the accident.

This article highlights the case of Mr. A, who was seriously injured in a car accident. Instead of believing the insurance company’s words, he sought legal counsel right away. With the help of a lawyer, he received compensation much faster than those who waited until they were “fully recovered.”

A Real Case: Waiting Means Losing Rights

Mr. A suffered severe injuries in a car accident and required hospitalization. When his family first contacted the insurance company, they were told:
“Wait until he recovers, then file the claim later.”

Many victims who are unaware of their rights might have followed this advice and waited. Fortunately, Mr. A and his family chose not to wait. They consulted Lawyer Arm from Wongsakorn Law Office, who immediately pursued the claim even while Mr. A was still receiving treatment.

The result was completely different: within less than a month after the law office sent a demand letter (notice) to the insurance company, the insurer quickly responded and paid the compensation.

Why Didn’t the Insurance Company Pay Right Away?

A common question is: “Why didn’t the insurance company pay at first, even though they could have?”

The simple answer: when victims don’t know their rights or lack a lawyer, insurance companies can easily delay, deny, or underpay compensation.

The phrase “Wait until you’re fully recovered” may sound caring, but in reality, it’s a tactic. Once victims recover, insurers often argue:

  • “Since you’re healed, there’s no need to pay much.”
  • “You can walk normally now, why claim high damages?”

This reduces the true value of the damages, ignoring the pain, suffering, and life impact victims already endured from day one.

Thus, waiting until recovery isn’t beneficial; it only weakens your case and diminishes your rightful compensation. Claims can and should be filed immediately after the accident.

Victims’ Rights: Claim Compensation Immediately

Under the law, car accident victims can claim compensation from the day of the accident, including:

  • Medical expenses (current and future)
  • Lost income during recovery
  • Rehabilitation costs (physical and psychological)
  • Compensation for pain and suffering
  • Property damage (e.g., vehicle repairs, other belongings)

If the case reaches court, the court can also reserve the right for victims to file additional claims later, should further damages appear.

Why Do You Need a Lawyer?

Mr. A’s case clearly shows that having a lawyer forces the insurance company to act. Lawyers know the process, the rights, and the tactics insurers use so they can ensure victims get fair compensation quickly.

Victims who try to file claims alone often hear excuses such as:

  • “Your documents are incomplete.”
  • “Wait until recovery first.”
  • “The company will reconsider later.”

This wastes time and leads to serious loss of rights.

Don’t Let Insurance Companies Take Away Your Rights

Mr. A’s case proves that with a lawyer’s help, victims can claim car accident compensation quickly and fully without waiting for the misleading “recover first” advice.

If you or someone close to you experiences an accident, don’t let your rights slip away. Collect evidence, contact a lawyer, and file your claim immediately to ensure justice and fair compensation.

Wongsakorn Law Office is ready to stand by your side in every case.

✍️ Wongsakorn Law Office, led by Lawyer Arm and our professional team, is ready to stand by your side in every case to secure the compensation and rights you truly deserve.

Recover fully first

Claiming Compensation for Car Accident Injuries: Don’t Be Misled by “Get Well First”

Posted on by wongsakornsiri
03
Oct

When a road accident occurs, victims often suffer both physical and emotional pain. The most important thing is to receive fair and timely compensation. However, many insurance companies use delaying tactics, often saying, “Get well first, then make your claim.” In reality, this can cause victims to lose their right to claim full compensation.

Insurance Tactic: “Get Well First”

At first glance, this advice may sound reasonable since victims naturally want to recover. But legally, waiting until full recovery can weaken the case because:

  • Evidence of injuries fades over time.
  • In court, insurers often argue:
    • The victim has already recovered.
    • There is no ongoing damage.
    • No need to pay the claimed compensation.

Thus, “get well first” is not just about delaying it’s a legal strategy to weaken the victim’s claim.

Case Study: Father’s Advice from Taiwan “You should consult a lawyer here.”

In one real case, a passenger injured in a van accident was told by the insurance company: “Recover first, then claim.”
 Initially, the vehicle owner promised to help but soon withdrew support, leaving the victim anxious and helpless. Fortunately, her father, working in Taiwan and following Lawyer Arm’s YouTube channel, insisted: “If you hear this phrase, contact Lawyer Arm immediately.” This changed everything the victim sought proper legal counsel.

Why Consult a Lawyer Immediately?

Claiming compensation is not just paperwork, it’s a legal battle against insurance companies backed by professional lawyers. Without legal support, victims are at a huge disadvantage. Lawyers can:

  • Assess damages (medical bills, lost income, future costs).
  • Prepare legally valid medical and legal documents.
  • Represent victims effectively in court.
  • Prevent insurers from delaying or denying compensation.

Attorney Arm emphasizes: Insurance companies already have lawyers before an accident even happens, but victims often have none.

The Pitfalls of “Get Well First”

Victims who follow this advice often find:

  • Insurers argue recovery means no claim.
  • Compensation is reduced or denied.
  • Crucial evidence (medical certificates, injury photos, receipts) is lost.

The law allows victims to claim both present and future damages. Waiting only weakens the claim.

The Danger of Wrong Advice from “Fake Lawyers”

Victims often receive misleading advice from so-called “know-it-alls” or “People who don’t know the truth” neighbors or acquaintances without legal training. For example:
“If you claim it once, you can’t claim it again.”
 This is legally incorrect. Courts allow victims to claim for future damages and even add claims later if necessary.

Insurance Company Have “Lawyers,” Victims Only Have “People who don’t know the truth”

Insurance companies have legal teams from the start. Victims, however, often rely on unqualified advice, making them vulnerable. One common tactic:
“Recover first, then claim.”
 Later in court, insurers counter with: “You’re already recovered, so you can’t claim more.”

Only Real Lawyers Can Protect Your Rights

Being a lawyer requires years of study and licensing. “People who don’t know the truth” only pretend to know and mislead victims. Believing them risks losing your legal rights.

  • Don’t rely on unqualified advice.
  • Consult an experienced lawyer immediately after an accident.
  • Don’t let insurers delay or trick you with “get well first.”

Claiming compensation after a car accident is not a minor issue. Insurance companies protect their interests with legal teams. Victims need real lawyers too. Acting fast ensures fair compensation and justice.

Don’t let the words of the insurance company take away your rights to consult a lawyer from the very day the accident happens.

In the event of a car accident, no matter how serious or minor your injuries are, do not wait until you have fully recovered before making a claim. Doing so may put you at a disadvantage in court and cause you to lose your right to claim compensation. From the moment the accident occurs, you should collect evidence, contact a lawyer, and proceed with your claim according to your legal rights.

If you or your loved one has been in a car accident and hears the phrase “Get well first before claiming” from the insurance company, do not believe it. Immediately seek advice from a professional lawyer. The legal team at Wongsakorn Law Office, led by Lawyer Arm, is ready to consult with you and stand by your side, ensuring that you receive justice and the full compensation you deserve.

General knowledge

Why Are Accident Scene Maps Important in Car Accident Cases? And How Can Drone Technology Enhance Their Accuracy?

Posted on by wongsakornsiri
02
Oct

When a road accident occurs whether it involves a private car, motorcycle, truck, or even public transportation one of the most critical pieces of evidence required by all parties, including the police, courts, lawyers, and insurance companies, is the accident scene map.

This map is not merely a rough sketch of the collision site; rather, it is an essential tool used to prove facts and illustrate the sequence of events systematically, which can directly affect the judgment of who is at fault.

Importance of Accident Scene Maps in Car Accident Cases

Accident scene maps are vital documents frequently included in investigation reports and court proceedings because they serve to:

  • Verify the positions of vehicles and persons involved: Showing where each vehicle was at the time of the incident.
  • Indicate directions of movement: Helping determine which driver may have been negligent.
  • Record surrounding conditions: Such as traffic signals, road markings, signage, pedestrian crossings, or obstacles.
  • Serve as legal evidence: Courts and lawyers rely on accident maps to explain and present cases before judges.

Many car accident cases have been overturned or weakened simply because the accident map was incomplete or lacked crucial details, preventing victims from fully proving their rights. Therefore, preparing an accurate accident map is a process that must not be overlooked.

Why Are Drones Important for Creating Accident Scene Maps?

Traditionally, accident maps were drawn by hand or based on ground-level photographs, which often lacked clarity and detail. With the advent of drone technology, accident scene mapping has become more precise and effective.

1.Aerial Perspective
 Drones capture images from above, providing a clear overview of the accident site. This includes roads, collision points, traffic signals, and surrounding environments all in a single frame greatly improving analysis accuracy.

2.High Resolution and Precision
 Drone imagery can capture details down to the centimeter level. This is invaluable for verifying collision points, brake marks, or skid traces that may not be visible from the ground. These images can also be processed into digital maps for legal use.

3.3D Mapping
 Modern technology allows drone footage to be processed into 3D maps that realistically illustrate the accident scene. This helps courts and lawyers understand the sequence of events more easily and can even support accident re-enactments.

4.Reducing On-Site Risks
 Accident sites are sometimes dangerous or congested. Using drones eliminates the need for ground personnel to measure or record details directly, thereby reducing risk.

The Lawyer’s Role in Using Drone-Based Accident Maps

Having an accurate accident scene map serves as a critical legal weapon in litigation. With drone data, lawyers can:

  • Analyze the driving behaviors of all parties in detail.
  • Present clear and indisputable evidence in court, rather than relying solely on testimonies.
  • Increase credibility when negotiating compensation with insurance companies.

In other words, drone-based accident maps are not just photographs; they are tools that enhance the victim’s chances of obtaining justice.

Comparison: Graphic Maps vs. Drone-Based Maps

1.Accuracy

o Graphic: Manually drawn, often prone to errors, especially with small details (brake marks, distances, collision angles).

o Drone: Provides actual aerial images with precise data, reducing misinterpretation.

2.Completeness of Perspective

o Graphic: Usually limited to 2D diagrams, giving only a rough overview.

o Drone: Offers a full aerial view and can be developed into 3D models.

3.Credibility in Court

o Graphic: May be questioned for accuracy since it is a reconstruction.

o Drone: Supported by real photographic evidence, highly credible.

4.Convenience

o Graphic: Time-consuming, requiring manual measurements and sketches.

o Drone: Captures complete images within minutes and processes them into usable maps.

5.Cost

o Graphic: Cheaper but less reliable.

o Drone: Slightly more expensive, but well worth the quality and legal strength it provides.

Conclusion: Drone-based accident maps surpass graphic maps in accuracy, reliability, and completeness, making them ideal for car accident cases where solid evidence is essential.

Drone Accident Mapping Services by Wongsakorn Law Office

To ensure that victims receive true justice, Wongsakorn Law Office has established a specialized team providing drone mapping services for road accident cases. The team is led by Pol. Lt. Pisuth Ritkajorn, Deputy Inspector of Planning Division 3, Office of the Commissioner-General, Royal Thai Police, together with certified drone aviation experts. All team members have been officially accredited by the Civil Aviation Authority of Thailand (CAAT), ensuring legality, safety, and the highest quality of work.

With extensive experience in both litigation and using drone-based evidence, we provide professional support whether you are a victim seeking compensation or a defendant proving your innocence.

Accident scene maps are decisive evidence in car accident trials. Using drones ensures fact-finding is accurate, complete, and credible compared to traditional methods.

👉 If you are facing a car accident case and need strong evidence, choosing Wongsakorn Law Office’s Drone Accident Mapping Service is the key to confidently achieving justice.

Recover fully first

Insurance Company’s Common Tricks: Don’t Get Fooled — Contact a Lawyer Immediately After an Accident

Posted on by wongsakornsiri
29
Sep

Today, Wongsakorn Law Office brings you a checklist of the most common tricks insurance companies use, so that victims don’t get deceived. Whenever an accident occurs, you should contact a lawyer immediately without hesitation because seeking legal counsel after an accident will never put you at a disadvantage.

Everyone knows that accidents can happen anytime, unexpectedly. When they do, they often involve injuries, disabilities, property damage, and in serious cases, even fatalities. Beyond personal loss, accidents can disrupt business operations, affect the environment, or harm the public. Among all, road accidents, whether involving motorcycles or cars remain the most common and damaging, and this is where “insurance companies” always play a major role. And every time insurance comes into play, it often leads to situations where victims must contact a lawyer to protect their rights.

Why do insurance companies like to “teach lessons” to accident victims?

At first, victims often feel secure because they have car insurance. Insurance companies promise peace of mind at the time of purchase, reassuring customers that they will always stand by them. But once a serious accident or significant property damage occurs, the company’s attitude often changes dramatically, turning from friend to adversary.

From over 10 years of legal experience and more than 1,000 insurance-related cases, Wongsakorn Law Office has witnessed countless victims forced to contact lawyers to claim rightful compensation. Today, we share a list of popular tricks used by insurance companies, so that no one falls into their traps.

Common Tricks by Insurance Companies

  • “Get well first.”
     This phrase sounds caring, but in reality, it’s often used to delay payment. Many victims who waited ended up needing to hire a lawyer because of the damage caused by this so-called “concern.”
  • “We need additional medical documents.”
     A tactic to stall. Even after victims provide full documents, companies often demand more, forcing injured people to repeatedly travel to hospitals while no compensation is paid.
  • “Backdating alcohol test results.”
     Even if a driver’s alcohol level was legal (<50mg%), insurers sometimes “recalculate backward,” falsely classifying cases as drunk driving to deny claims.
  • “Treatment not yet complete.”
     Another way to stall denying claims until recovery, even for severely injured victims.
  • “No disability card.”
     Some insurers refuse compensation for disabled victims who lack an official disability card, despite having medical certificates.
  • “Maybe you’ll walk again.”
     A cynical excuse to avoid paying disability compensation, implying recovery is possible.
  • “We haven’t received the case yet.” / “We’re not aware of it.”
     A delay tactic, often dragging cases for months or even years, or resulting in lowball offers.

A Case Example: Victim Who Contacted a Lawyer in Time

One victim, who suffered a broken leg and required surgery with metal implants, was offered only 80,000 baht in compensation despite medical costs amounting to several hundred thousand. The insurance company even told him to “get well first” and claim later. Recognizing the stall tactic, the victim immediately contacted the Lawyer Arm at Wongsakorn Law Office, who stepped in to demand fair compensation.

This case is just one example. Insurance companies have endless strategies to avoid paying fairly. The best solution? Contact a lawyer immediately after an accident. Don’t fall for “friendly” words that hide exploitative intentions.

Recover fully first

 How to Claim Compensation for a Rib Fracture in a Car Accident?

Posted on by wongsakornsiri
26
Sep

 Dispute Case No. Red ChM.113/2020
 Awarded Compensation: 29,542 THB

The claimant demanded compensation as follows:

  • Medical expenses before filing the dispute: 50,000 THB
  • Future medical expenses: 150,000 THB
  • Other related expenses: 50,000 THB
  • Loss of earnings during recovery: 45,160 THB
  • Loss of future earning capacity: 100,000 THB
  • Non-pecuniary damages: 200,000 THB

The respondent (Company A Insurance Co., Ltd.) was the insurer of the vehicle registered in Samut Prakan, driven by Mr. A on the date of the accident, which collided with the claimant’s car.

The respondent objected to the claims, arguing that:

1.Medical expenses before filing the dispute (50,000 THB) were exaggerated, with no evidence of such loss.

2.Future medical expenses (150,000 THB) were unreasonable since the claimant’s injuries were not serious enough to require long-term treatment.

3.Other related expenses (50,000 THB) were unfounded.

4.Loss of earnings (45,160 THB) was unsubstantiated, as the claimant continued receiving salary.

5.Loss of future earning capacity (100,000 THB) and non-pecuniary damages (200,000 THB) were baseless.

The respondent claimed the demands were made in bad faith and thus should not be liable.

Issues for Consideration:

1.Is the respondent liable to compensate the claimant, and to what extent?

2.Is the claimant entitled to claim 15% annual interest from the date of filing until full payment?

Arbitration Decision

Medical expenses before filing the dispute

Evidence confirmed the claimant received treatment at Hospital A and Hospital S, paying 425 THB and 4,737 THB respectively, totaling 5,162 THB. The respondent failed to refute this evidence.
➡ The respondent must compensate 5,162 THB.

Future medical expenses

 The claimant initially claimed 150,000 THB but later testified for 21,400 THB. Since the treatment methods cited (high-power laser, MRI) were not medically prescribed, and the claimant only researched them online without medical recommendation, the claim lacked justification.
➡ The respondent is not liable for future medical expenses.

Other related expenses

Transportation to the hospital (approx. 35.9 km, 3 trips) cost 1,800 THB, which was reasonable and uncontested. However, the 200 THB fee for requesting medical records was litigation-related and not compensable.
➡ The respondent must compensate 1,800 THB.

Loss of earnings during recovery

 The claimant, a state enterprise employee earning 22,580 THB/month, alleged 2 months of lost income (45,160 THB). However, testimony later confirmed only 1 month of leave. Under labor law, sick leave up to 30 days per year is paid. No evidence proved salary deduction.
➡ The respondent is not liable for 22,580 THB claimed salary loss.
➡ The claim for loss of additional freelance income (air conditioning installation and electrical work) of 39,000 THB was also dismissed due to insufficient proof.

Loss of future earning capacity

  • As a state enterprise employee: The claim that sick leave beyond 15 days affects promotions and bonuses was inaccurate. Regulations only apply to special promotions, not standard salary increases or annual bonuses. No evidence proved loss of benefits.
  • As a freelance technician: No valid evidence confirmed such employment.

➡ The respondent is not liable for this claim.

Non-pecuniary damages

 Medical records confirmed rib fractures and bruises requiring 30 days of rest. However, no severe suffering was proven beyond temporary discomfort. The claim for 200,000 THB was deemed excessive.
➡ The tribunal awarded 20,000 THB.

Final Award

The respondent must compensate the claimant as follows:

1.Medical expenses before filing: 5,162 THB

2.Other related expenses: 1,800 THB

3.Non-pecuniary damages: 22,580 THB
 ➡ Total: 29,542 THB, plus 15% annual interest from the date of filing until payment in full.

Arbitration costs are to be borne by the respondent. Payment must be made within 30 days from receipt of this award.

Legal References: Civil and Commercial Code, Sections 877, 446
Arbitrator: Mr. Somchai Yuwawitthayaphanit
Dispute Case No.: ChM.96/2020

Editorial Note

Although the arbitrator concluded the claimant was not severely affected, the working group observed that the claimant did endure suffering since the accident. The arbitrator’s dismissal of this aspect may not fully reflect the claimant’s hardship. Additionally, under the insurance policy terms, once the insurer denied compensation, interest at 15% per year should apply a condition the insurer was fully aware of but still contested.

Protect Your Rights – Start with Legal Consultation

Claiming compensation from accidents or injuries is complex, involving laws, evidence, and negotiations with insurers. Mistakes can cost you your rightful compensation.

👉 To ensure fair treatment, consult an insurance litigation lawyer at Wongsakorn Law Office. Our team is ready to advise, strategize, and act to fully protect your rights. Click >> Contact Us <<

Recover fully first

Car Accident Cases: The Driver’s Duty to the Injured – Don’t End Up in Jail by Blindly Trusting Your Insurance Company

Posted on by wongsakornsiri
23
Sep

When a car accident case occurs, the first thing many people think is, “The insurance company will take care of everything, since I’ve already paid my premiums.” But in reality, the driver or vehicle owner still has legal duties that must be fulfilled. Ignoring these responsibilities or blindly following the insurance company’s advice can not only disadvantage the injured party but also expose you to criminal charges. You could even end up in jail because of your own insurer.

This article explains why drivers must care for the injured, rather than arguing or saying, “If you want compensation, go sue,” and provides the right approach to avoid serious consequences.

Common Misunderstandings in Car Accident Cases

After a collision, many drivers tend to:

  • Obey everything the insurance company’s staff says.
  • Deny responsibility and tell the injured party, “Go sue the insurance company yourself.”
  • Believe that compensation is solely the insurer’s job, not theirs.

These mindsets are dangerous. Legally, the driver and vehicle owner are still the primary responsible parties regardless of insurance coverage. Neglecting the injured or acting confrontational can lead to additional charges, such as failure to provide assistance or even criminal liability for reckless driving causing serious injury or death.

The Driver’s and Owner’s Duties

When a car accident happens, the law and society expect the driver to:

✅ Stop the vehicle and render aid – fleeing the scene is a criminal offense and can result in imprisonment.
✅ Notify the police – to ensure the incident is officially recorded.
✅ Take the injured to the hospital – even if insurance will later cover costs, immediate assistance is the driver’s duty.
✅ Cooperate with the injured in claiming from insurance – often overlooked, this duty ensures the insurer compensates properly. The driver must support the victim’s rights, not oppose them.

Dangers of Blindly Following Insurance Companies

Insurance companies aim to minimize payouts, not to protect drivers at all costs. If drivers follow company instructions without judgment, they may bear full liability. For example:

  • Refusing to compensate → the victim sues both driver and insurer, but the burden mainly falls on the driver.
  • Not cooperating with the victim → the court sees this as obstruction, leading to harsher punishment.
  • Believing insurance covers everything → the insurer may deny coverage if policy conditions are breached.

Why Cooperate with the Injured?

Cooperation is not “surrendering,” but fulfilling your legal duty, with benefits such as:

1. Lower risk of criminal prosecution – courts see willingness to help as good faith.

2. Forcing the insurer to pay – when the victim asserts their rights with your support, the insurer cannot easily refuse.

3. Building social trust – assisting shows responsibility and reduces tension with the victim.

4. Saving money long-term – early resolution prevents costly lawsuits.

Mistakes That Can Lead to Jail

  • Telling the injured: “If you want compensation, sue.” → seen as defiance and irresponsibility.
  • Following the insurer’s advice to deny everything → insurer may refuse coverage, leaving you fully liable.
  • Refusing to take the injured to hospital → criminal charge for failure to provide assistance.

Correct Steps After a Car Accident Case

1. Stop immediately and help.

2. Call the police and insurer to record the incident.

3. Take the injured to hospital without hesitation over costs.

4. Collect evidence (photos, witness names).

5. Cooperate with the injured in filing insurance claims.

6. Consult a lawyer to prevent misinterpretation of your actions.

In the event of a car accident, you can consult a lawyer immediately, whether you are at fault or not.

Car accident cases are never minor; they involve lives, property, and your own freedom. Blindly trusting insurance companies may leave you facing criminal liability.

The most important duty of a driver is to assist the injured, support their rights, and treat the insurance company as a tool, not as your master.

If you are unsure how to handle a case, seek legal advice immediately to protect your rights.

👉 If you or someone you know is facing a car accident case and fears being sued or jailed, consult Wongsakorn Law Office. Our expert legal team specializes in insurance and accident cases, providing professional advice, case handling, and comprehensive protection of your rights.

Recover fully first

A Life-Changing Accident and the Right to Claim Compensation: Case Studies and Lessons Policyholders Should Not Overlook

Posted on by wongsakornsiri
15
Aug

Accidents can happen at any time, without warning, and the consequences can change a life in a matter of seconds. When such incidents occur, policyholders and their families face not only physical pain but also mounting expenses, loss of income, career disruptions, and ongoing family responsibilities as if nothing had happened. The most valuable lesson for every insurance policyholder is to understand their rights and to exercise them properly according to legal procedures. The Compilation of Arbitration Awards on Insurance Disputes published by Wongsakorn Law Office is more than just a collection of case studies; it is a practical guide showing what steps victims should take to protect their rights when disputes arise.

Case Study: Motorcycle Taxi Accident – Loss of a Finger, Loss of Income, and Lost Opportunities

In this case, the victim was a motorcycle taxi driver, a profession that requires full physical capability. Following a serious accident, he lost two joints of his left ring finger. He underwent multiple surgeries and had to stop working for several months, losing the income that supported his family. When he recovered, he sought compensation from his insurer under the terms of his policy, only to face an obstacle: the insurance company claimed he had already settled in a criminal case, which meant he could not claim certain portions of compensation. Without legal knowledge, many policyholders might accept such arguments without realizing they have given up part of their rights, nor knowing how to recover them. This is why having an experienced lawyer to handle the case is crucial to ensure you get what you are entitled to under the law and to protect your rights in full.

The Arbitration Award: Facts Over Allegations from the Insurer

Wongsakorn Law Office pursued the rightful claims, and the arbitrator examined all relevant evidence in light of the policy terms. The decision was as follows:

  • Medical expenses before the dispute: Verified hospital receipts totaled 79,097 THB, fully payable by the insurer.
  • Loss of body parts: Loss of two joints of the left ring finger was covered up to the maximum policy limit of 200,000 THB, even if the claim was higher.
  • Future medical expenses: Claims for prosthetic finger, physiotherapy, and acupuncture were denied due to lack of medical prescriptions or supporting documents.
  • Other related medical expenses: Travel costs to hospitals and for document handling totaled 4,250 THB, deemed reasonable.
  • Loss of income: Previously earning 1,000 THB/day, but after reviewing actual circumstances, 750 THB/day was awarded for a 7-month work break, totaling 157,500 THB.
  • Loss of future earning capacity: Due to the impact on his ability to work as a motorcycle taxi driver, 200,000 THB was awarded.
  • Non-economic damages: For pain, scarring, and emotional distress, 300,000 THB was awarded.
  • Attorney’s fees and collection costs: Not awarded under the law.

Total additional payment: 306,997 THB, plus 15% annual interest.

Why You Need the “Compilation of Arbitration Awards on Insurance Disputes”?

This compilation by Wongsakorn Law Office is not theoretical; it contains real cases with actual rulings, serving as an important reference for policyholders, business owners managing risk, and law students seeking practical understanding beyond textbooks. In reality, insurance disputes don’t end with the policy wording or claim form they hinge on facts, evidence, and interpretations shaped by arbitration decisions. Many overlook indirect costs, such as travel to the hospital, medical documentation fees, time spent managing the case, or caregiver costs during recovery. Without proof, these often go uncompensated.

Wongsakorn Law Office: Your Trusted Partner for Protecting Your Rights

Many policyholders try to handle claims themselves, only to lose rights due to insufficient evidence, procedural errors, or legal tactics by insurers to limit liability. Wongsakorn Law Office reviews policy terms, analyzes facts, gathers evidence, and executes precise legal actions whether in court or arbitration to ensure your rights are fully protected. In an accident, the right knowledge and an expert legal team are essential for maximizing your claims. With complete documentation and strategic planning, you avoid trial-and-error approaches or letting the insurer dictate the interpretation. If you are facing an insurance dispute, contact Wongsakorn Law Office to plan your case and claim the compensation you are rightfully entitled to.

Recover fully first

Disabled from an Accident! Insurance Company Tricks Victim by Offering Only 100,000 Baht for a Lost Finger!

Posted on by wongsakornsiri
15
Aug

Road accidents can happen anytime and anywhere. Even if we are careful, we can still be injured due to the negligence of others. When a person drives without responsibility or caution, they inevitably cause trouble and suffering for others. The responsible party should take full responsibility for the injuries and damages caused.

This is the story of a victim who became permanently disabled due to another person’s negligence, resulting in the loss of a finger. Let’s follow the case.

Becoming Disabled from an Accident You Didn’t Cause!

In this unfortunate incident, the victim was riding a motorcycle cautiously and following traffic laws when a car, driven recklessly and without due care, collided with the victim’s motorcycle. The impact caused the victim to lose control and fall, with their body thrown under the other vehicle. The victim sustained multiple serious injuries, the worst of which required a finger amputation, leaving them permanently disabled.

After the investigation, the police concluded that the car driver was at fault. The driver admitted responsibility at the scene.

Severe Injuries Leading to Finger Amputation

The accident caused the victim severe lacerations on the left little finger, with bone loss extending deep into two finger joints. Doctors determined that the little finger had to be amputated, resulting in permanent disability. Additional injuries included deep lacerations on the left wrist, loose lower teeth, and large, deep abrasions in multiple areas.

The victim had to travel to the hospital every day for wound cleaning and follow-ups, which was extremely inconvenient and distressing.

From a Healthy Individual to a Disabled Person Missing a Limb

Aside from the emotional trauma of losing a limb, the victim also suffered a major loss of income. Before the accident, the victim earned around 120,000 Baht per month through a full-time sandwich-selling business and an additional 50,000 Baht from side jobs.

After the accident, the victim lost the ability to work and the income that supported their livelihood. It remains uncertain whether they will ever be able to work as before, as the disability significantly impacts daily life.

Compensation of 100,000 Baht Cannot Replace a Lost Finger

Adding insult to injury, the liable party’s insurance company grossly undervalued the victim’s damages. They offered only 20,000 Baht for future medical expenses, lost income, hygiene, and suffering combined, plus a lump sum of 100,000 Baht for disability, far less than the actual damages.

In fact, under the compulsory motor insurance policy, the insurance company was required to pay up to 600,000 Baht. Yet, they delayed the process and refused to provide a written decision, leaving the victim uncompensated to this day.

Why Should You Have a Lawyer to Protect Your Rights?

The victim felt they were being treated unfairly by the insurance company and sought help from Wongsakorn Law Office, renowned for handling serious injury cases.

Upon reviewing the case, the legal team found the offered compensation grossly inadequate compared to the actual loss. They proceeded to file a lawsuit demanding full and fair damages, ensuring that the victim receives the compensation they rightfully deserve for a loss that is both severe and permanent.

Today, many insurance companies attempt to minimize payouts to protect their profits, often neglecting fairness and compassion. Wongsakorn Law Office specializes in insurance litigation, with a strong legal team ready to handle every step until justice is achieved.

If you are being taken advantage of by an insurance company, click >> Contact Us <<.

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