Recover fully first

How to Claim Injury Compensation Without Being Taken Advantage Of?

Posted on by wongsakornsiri
10
Nov

Lawyer Arm Shares a Real Case: “Got Hit by a Car and Broke Your Arm How Much Compensation Should You Claim?”

One of the most frequently asked questions Lawyer Arm receives is:

“I got hit by a car and broke my arm. How much compensation can I claim for my injuries?”

While the question sounds simple, the answer isn’t fixed. The amount of compensation depends on many factors such as age, gender, occupation, income, and the long-term impact on daily life. Here’s a real case the Lawyer Arm handled.

Real Case Example: 37-Year-Old Woman With a Fractured Arm After a Car Accident

A relative of the injured woman contacted Lawyer Arm through an inbox message.
The injured person was a 37-year-old accounting officer earning 28,000 THB per month. She was hit by a car, suffered a fractured arm, and required metal plates to stabilize the bone. Her family wanted to know:

“How much compensation should she claim?”

Lawyer Arm began by asking basic information such as:

“What’s the total medical cost?”

The relative replied 340,000 THB, which was quite high.

Further inquiry revealed that the other driver’s insurance policy covered up to 500,000 THB for third-party bodily injury. The insurance company had already paid for the medical expenses (340,000 THB), leaving 160,000 THB plus 80,000 THB from the mandatory motor insurance (total 240,000 THB) available for other types of compensation.

However, if the total damages exceed the policy limit (e.g., over 500,000 THB), the excess amount must be claimed directly from the at-fault driver, as it falls under tort liability.

What Types of Compensation Can Be Claimed for Bodily Injury?

Victims of traffic accidents can claim compensation for various categories, such as:

  • Medical expenses – including doctor’s fees, medication, surgery, and physical therapy.
  • Lost income – if you must stop working during recovery.
  • Pain and suffering – for both physical and emotional distress.
  • Caregiver expenses – costs for someone who looks after you during recovery.
  • Long-term disability – if the injury causes permanent impairment or loss of earning capacity.
  • Aesthetic damage – compensation for permanent scars or disfigurement.

As you can see, compensation isn’t limited to hospital bills but also covers the overall impact on your quality of life after the accident.

Why Do Manual Laborers Sometimes Receive More Compensation Than Office Workers?

According to Lawyer Arm, compensation isn’t based solely on salary; it’s also about how the injury affects the victim’s job.
For instance, if a construction worker breaks an arm, they might be unable to work entirely during recovery. Meanwhile, an office employee could still handle paperwork or work from home.
Hence, manual laborers may sometimes be entitled to higher compensation, since their livelihood depends directly on their physical condition.

Don’t Wait Until You’re Fully Recovered You’re Losing Time and Advantage!

In this case, the injured woman waited nine months before contacting Lawyer Arm. The insurance company told her,

“You must wait until you’re fully recovered before filing for compensation.”

That’s a misconception that puts victims at a disadvantage. The claims process itself can take several months, meaning victims may wait over a year and a half before receiving payment.

Lawyer Arm advises:

“Don’t wait until you’re healed to consult a lawyer early.”

This allows proper evidence collection medical certificates, treatment records, and receipts from the beginning.

Can You Use Social Security Benefits After a Car Accident?

Another common question is:

“Can I use my Social Security rights if I get into a car accident?”

The answer is yes. There’s no clause in the Social Security Act that prohibits it.
Some private hospitals may refuse to process Social Security claims because they receive lower reimbursement rates. However, you are legally entitled to use your Social Security benefits to reduce medical expenses while still pursuing other compensation claims against the at-fault driver.

Why Should You Consult a Lawyer Immediately After an Accident?

Many people think, “I’ll try claiming it myself first. If it doesn’t work, I’ll hire a lawyer.”
That’s often the reason they lose their rights without realizing it. Insurance companies have legal teams and professionals trained to minimize payouts. Without legal guidance from the start, victims are at a serious disadvantage.

How to Claim Injury Compensation Fairly?

  • Notify and contact the insurance company immediately.
  • Request a copy of the at-fault driver’s insurance policy.
  • Keep all evidence medical certificates, receipts, and injury photos.
  • Don’t wait to recover before claiming; start during treatment.
  • Use Social Security benefits to help reduce costs.
  • Consult a lawyer to ensure a proper and fair compensation strategy.

Accidents can happen to anyone. The key is not to let ignorance make you lose your rights.

 Claiming injury compensation isn’t just about money, it’s about protecting your legal rights as a victim.
And always remember:“Insurance companies have their lawyers. Do you have yours?”
👉 Consult a lawyer today. Contact us

Loss of use of vehicle

Lawyer Arm Shares a Real Experience: “Car Repair Shop” Forced Him to Sign Repair Duration Agreement or They Wouldn’t Fix the Car!

Posted on by wongsakornsiri
07
Nov

A car repair shop is something every car owner has to deal with at some point especially after an accident. But surprisingly, even if you already have car insurance, many consumers still fall victim to the practices of certain repair shops and insurance companies without realizing it.

Recently, Lawyer Arm shared a real-life experience that happened to him. One of his employees accidentally crashed his car, and when he brought it in for repairs, something shocking happened. In this article, Lawyer Arm aims to raise awareness and warn the public:
If you don’t understand your rights or have a lawyer guiding you from the beginning, you could easily be taken advantage of by the repair shop or the insurance company.

The Repair Shop Called and Demanded a Signature Before Continuing the Repair

After the accident, Lawyer Arm’s car was sent to an insurance-affiliated repair shop. One day, the shop called and said:

“You must sign to accept the repair period and waiting time for parts. If you don’t sign, we can’t continue fixing your car.”

It might sound like a standard request for customer acknowledgment, but for someone who knows the law, Lawyer Arm immediately recognized this was not in line with OIC (Office of Insurance Commission) regulations.

OIC Clarifies: “Notification” Doesn’t Mean “Signature Required”

According to the OIC’s official regulation, “notifying the insured” means informing them not requiring a signature.

Notification can be done through:

  • Phone call
  • Email
  • LINE message
  • Written document or repair report

The intent is simply to update progress, not to make customers accept unfair conditions, such as excessive waiting periods or the use of mixed genuine and imitation parts.
However, in this case, the repair shop twisted the rule, turning a simple “notification” into a forced signature, which is both misleading and unfair to consumers.

The Problem with Mixing Genuine and Imitation Parts

Besides forcing a signature, the repair shop also said:

“We’ll use both genuine and imitation parts.”

At first, this might sound like a compromise but in legal and professional terms, repairs must restore the vehicle to its pre-accident condition as closely as possible.

Lawyer Arm explained:

“It’s simple if your car originally had genuine parts, the repair should use genuine parts. Mixing parts reduces quality, safety, and future resale value.”

If the repair shop must wait for genuine parts, they only need to notify the customer, not force them to sign anything. Refusing to continue repairs unless you sign is a clear violation of regulations.

What to Do If the Repair Shop Refuses to Fix Your Car?

Lawyer Arm recommends consulting a lawyer immediately if you face such a situation. A lawyer can communicate directly with the insurance company and document the shop’s refusal properly, for instance, by email or chat to preserve evidence in case of future disputes.

Understand Clearly  “Notify” ≠ “Sign”

Many people confuse the two terms. Lawyer Arm clarifies:

“‘Notify’ doesn’t mean signing acknowledgment, nor does it release the repair shop from responsibility for delays. It’s just a progress update, not an agreement to delay.”

So, if a repair shop says, “If you don’t sign, we won’t fix your car,” you have the right to refuse and report the matter to your insurance company immediately.

Why Having a Lawyer Matters from the Moment of the Accident?

Lawyer Arm’s real experience shows that even someone knowledgeable about the law can face unfair treatment without proper legal representation.
Both the repair shop and the insurance company might interpret regulations in their own favor, not yours.

Without a lawyer to guide you from the start, you risk losing your rights without realizing it.
In reality, “If you don’t have a lawyer from the moment of the accident, you can easily be taken advantage of.”

Know Your Rights Before You Sign Anything

This case perfectly illustrates why understanding the law and OIC regulations protects consumers.
If any repair shop or insurance company pressures you to sign documents or accept unclear conditions don’t hesitate to consult a lawyer.

Because at the end of the day:

“The insurance company always has their lawyer. Do you have yours?”

📞 Contact: 062-195-1661 | Click to Consult a Lawyer Now

Drunk Driving Cases

Is It Legal for Insurance Companies to Retroactively Calculate Blood Alcohol Levels? When consumers are unfairly treated due to one-sided interpretations by insurance companies?

Posted on by wongsakornsiri
05
Nov

Over the past several years, there have been numerous cases where car insurance companies have denied compensation on the grounds that the driver’s blood alcohol concentration (BAC) exceeded 50 milligrams percent at the time of the accident, the legal limit under the Land Traffic Act B.E. 2522 (1979).

However, what has caused serious unfairness to consumers is that some insurance companies retroactively calculate alcohol levels without relying on the actual test results taken at the time of the incident. Instead, they use internal calculation manuals, assuming that the alcohol level in the blood decreases by 15 milligrams percent per hour, then use this formula to conclude that the insured person must have exceeded the legal limit at the time of the accident.

This practice raises a serious legal and ethical question:

“Do insurance companies have the legal right to retroactively calculate alcohol levels on their own?”

The Law Is Clear: Only the Actual Alcohol Level at the Time of the Accident Matters

According to both insurance policy terms and Section 43(2) of the Land Traffic Act:

“If the driver has a blood alcohol level exceeding 50 milligrams percent at the time of the incident, it is considered a violation of the law.”

Therefore, determining whether the driver exceeded the legal limit must be based on actual test results taken at the time of the accident, or as close to that time as possible not on retroactive estimations or assumptions derived from internal company guidelines.

Hence, when an insurance company unilaterally interprets that retroactive calculation is valid, it violates the insurance contract and potentially exploits consumers, lacking credible scientific evidence.

The Court of Appeal’s Judgment: Retroactive Calculations Are “Unreliable”

In one case handled by Wongsakorn Law Office, the Consumer Case Division of the Court of Appeal ruled decisively on this issue.

The Court stated that the insurance company’s reliance solely on its internal policy interpretation manual, which claimed that alcohol decreases by 15 milligrams percent per hour and then retroactively calculated the driver’s BAC to exceed 50 mg%, was weak and unreliable evidence.

The Court held that such retroactive estimation represents a one-sided interpretation by the insurance company and unfairly disadvantages the consumer, violating the principles of fairness in consumer contracts.

Therefore, the Court established a key principle:

“If an insurance company claims the driver exceeded the alcohol limit, it must provide clear, impartial, and credible evidence, not merely internal calculations.”

In other words, without actual medical or police test results taken at the time of the incident, the insurer cannot deny coverage.

The Bigger Problem: Why Doesn’t the OIC Penalize Insurers?

Even though the Court of Appeal has already set a clear legal precedent, in practice, when consumers file complaints with the Office of Insurance Commission (OIC) after being denied compensation due to “retroactive alcohol levels,”
Many cases show that the OIC still sides with the insurers without thoroughly verifying the facts.

Lawyer Arm questioned:

“When the court has already ruled that the insurance company was wrong, why doesn’t the OIC penalize them?”

This highlights a major gap in the regulatory system, allowing insurers to continuously take advantage of consumers even under the oversight of the very agency meant to protect public rights.

What Should Consumers Do If Denied Compensation Due to “Retroactive Alcohol”?

Do not hesitate to consult a lawyer.
 If an insurance company denies your claim on the grounds that you “had alcohol in your system while driving,” consult a lawyer immediately.

Many people mistakenly believe, “If I just explain the truth, they’ll understand,” or “I already have hospital test results; that should be enough.”
In reality, insurance companies have teams of lawyers who know every legal loophole, interpret contracts strategically, and rely on the fact that most consumers are afraid to sue.

Without a lawyer who understands insurance law and strategy, you will never outsmart the insurance company, and you will inevitably be taken advantage of.

Every word in the policy and every number in the alcohol test report can be used as a basis to deny responsibility. Some insurers even use vague terms such as “having alcohol in the blood” without specifying that the level must be measured at the time of the accident, leaving room for manipulative interpretations.

Not Supporting Drunk Driving But Also Not Supporting Corporate Exploitation

Lawyer Arm emphasizes:

“We do not condone driving under the influence of alcohol, but we also do not support insurance companies exploiting the public.”

Retroactively calculating alcohol levels not only breaches the insurance contract but also creates a dangerous precedent for consumer protection in Thailand. It allows insurers to deny compensation under virtually any pretext.Therefore, if you or someone you know has been denied coverage due to “retroactive alcohol,”
Don’t stay silent consult a lawyer experienced in consumer and insurance law to ensure your rights are fully protected.

The insurance company always has a lawyer on their side. What about you — Do you have a lawyer?

If your insurance company denies your claim using “retroactive alcohol” as an excuse, don’t waste time trying to handle it alone because ultimately, the insurer will use the law to their advantage.

Consult an experienced insurance lawyer immediately. A skilled lawyer will strategically structure your case from the beginning, ensuring that your legal rights are preserved.

Retroactive alcohol results are not legally valid evidence.

Insurance companies have no right to use such calculations to deny compensation.
If you’ve been unfairly treated, the law is on your side and having a lawyer by your side is the strongest protection you can have.

📞 For legal consultation: 062-195-1661 or click Contact Us to get immediate assistance.

Loss of use of vehicle

Does an Insurance Company Have the Right to Choose a Lump-Sum Repair for the Customer’s Car?

Posted on by wongsakornsiri
21
Oct

The answer is “Yes” But not at the expense of the customer’s rights.

When a car accident happens, many insured drivers feel reassured knowing that their insurance company will handle the repair costs. However, what most policyholders don’t realize is that insurance companies can manage car repairs in several ways. One common practice is “lump-sum repair” or “contracted repair,” where the insurer negotiates a fixed amount with a repair shop. This often leads to dissatisfaction among customers who feel their cars were “not restored to their original condition” or “poorly repaired.”

So, does an insurance company have the right to do this?
Legally, yes, they do but that right must remain within reasonable limits and must not cause harm to the insured party. The goal of repairing the customer’s car should be to restore it to its original condition, not to cut costs for the company’s own benefit.

Understanding “Lump-Sum Repairs” in the Insurance Industry

A “lump-sum repair” means the insurer estimates the total repair cost and agrees on a fixed price with a repair shop or service center often without consulting the customer. For example, if your car sustains 40,000 baht in damages, the company might strike a deal with a garage for that amount, leaving you out of the decision-making process.

While this may sound reasonable from a business perspective  as insurers must control costs in practice, this often leads to cost-cutting repairs rather than quality restoration.

Common problems include:

  • Incomplete or substandard repairs
  • Use of second-hand or non-genuine parts
  • Paintwork that doesn’t match the original
  • Or worst of all recurring issues requiring multiple repair attempts

Even though insurers have the right to choose lump-sum repairs, they do not have the right to infringe upon the customer’s legal rights.

The Customer’s Legal Right: “Restoration to the Original Condition”

Under motor insurance principles, repairs after an accident must restore the vehicle to its pre-accident condition.
 That means your car should be as close as possible to its original state in terms of structure, paint quality, safety, and functionality.

If an insurer’s chosen repair method worsens the car’s condition or reduces its quality, that could amount to a “tortious act.”
 An insurer cannot act in bad faith under the contract to the detriment of the insured.

Legally, even though the insurer is a contracting party, this doesn’t grant them unlimited authority over your vehicle.
Customers are entitled to fair, quality repairs that return their property to its original state. Acting solely for the company’s financial gain is not legally justifiable.

Lawyer Arm’s View: “Yes, They Can  But Not at the Customer’s Expense”

Lawyer Arm explains:

“The insurer may have the right to choose lump-sum repairs, but they have no right to cause the customer further harm.”

The insurer’s right to manage operations is protected by law, but it must be exercised in good faith and responsibility  consistent with Section 420 of the Thai Civil and Commercial Code, which states:

“A person who, willfully or negligently, unlawfully injures another is bound to make compensation.”

If the insurer’s repair decision leads to further damage such as mismatched paint, reduced performance, or new mechanical issues that could constitute a tort.

Moreover, a car is not just a financial asset it directly relates to safety. Poor-quality repairs may not only devalue the car but could cause further accidents, making the insurer liable under civil or even criminal law.

Why Should You Consult a Lawyer from the Start?

When an accident occurs, and your car needs repair, the first thing you should do is ask for clarity upfront:
 Where will the repair take place? How will it be handled? Can you choose your preferred repair center?

If you let the insurer take full control of the repair without reviewing the terms, you might end up with a poorly repaired vehicle  and the struggle to demand compensation afterward can cost you both time and money.

Consulting a lawyer early ensures that you:

  • Understand your rights under your insurance policy
  • Know your options regarding repair types
  • Can take legal action if the insurer breaches its obligations

The Insurer’s Right Exists But It Must Be Fair

Ultimately, insurers do have the right to manage repairs, including using lump-sum arrangements.
However, that right must never override the customer’s right to fair treatment.
The car must be restored as closely as possible to its original state, not just “patched up” to save the insurer money.

If you’ve been in an accident, don’t wait until problems arise to seek legal advice.
Consult a lawyer immediately. It’s the best way to protect your rights and ensure a fair outcome.

WongSakorn Law Office

Our team of experienced insurance and compensation lawyers can help you file and pursue insurance claims properly and effectively ensuring you receive the full amount you deserve and that your car is restored to its original condition without compromise.

Let us “restore your rights” just like restoring your car  properly, and completely.

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

 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 <<

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Can You Claim Insurance Compensation for Broken Teeth in a Car Accident?

Posted on by wongsakornsiri
26
Jun

A car accident doesn’t just damage vehicles—it can also seriously harm drivers and passengers. One common and painful injury is broken or loosened teeth due to impact, which isn’t just a cosmetic issue but a serious health concern requiring immediate treatment. So, in such cases, can you claim compensation from your insurer for “car crash with broken teeth”?

The answer is yes, but it depends on several factors: the type of car insurance you have, whether it covers personal accidents, and whether you have adequate documentation to support your claim.

Which Types of Car Insurance Cover Dental Injuries?

To claim dental treatment under car insurance, consider the following policy types:

1.Voluntary Car Insurance (Comprehensive – Class 1, 2+, 3+)

o    Class 1 typically covers both vehicle damage and bodily injury, including dental treatment for broken teeth.

o    Class 2+ and 3+ may cover personal accident injuries—but you must check the actual terms in your policy.

o    If your policy has a Personal Accident (PA) rider, it may cover dental treatment or broken teeth.

2.Compulsory Third-Party Liability Insurance (CTPL / พ.ร.บ.)

o    CTPL covers medical treatment up to 30,000 THB per person for injuries. If a broken tooth is part of that injury, you can claim it.

o    With a valid medical certificate and dental or hospital receipts, you can submit your claim accordingly.

Documents Required to Claim Dental Treatment

If you’re injured and experience dental trauma in an accident, gather these documents:

1.Copy of your insurance policy

2.Medical or dental certificate stating the injury (e.g., broken or loose teeth, need for crowns or implants)

3.Dental treatment receipts

4.Police accident report or daily log copy

5.Photos of the injuries or post-treatment (if available)

6.Copies of your ID card and house registration

Key Tips Before Filing a Dental Claim

  • Insurers may categorize treatment as “cosmetic” unless medical necessity is proven, so strong documentation is essential.
  • You can still claim excess coverage under Class 1 or a PA rider even after claiming CTPL.
  • Passengers can directly claim from the at-fault vehicle’s insurance.

What to Do If Your Claim Is Denied

If your insurer refuses or underpays your dental claim, do the following:

1.Consult a lawyer first to evaluate legal validity and policy terms, and to prepare legal action if severe injury or bad-faith denial occurs.

2.Contact your insurer and provide additional medical documents, e.g., detailed certificates.

3.File a complaint with the Office of Insurance Commission (OIC) to seek mediation.

How Legal Help Can Make a Difference

A real arbitration case illustrates the importance of legal representation. In Arbitration Case No. 217/2561 (Sourced from Arbitration Decisions on Insurance Injury, by Supasit Siri, Attorney Arm):

  • Claimant requested ~900,000 THB—including medical costs, future treatment, lost income, and mental distress.
  • Insurer contested the high amount and cited a 500,000 THB coverage limit.
  • Arbitrators awarded 379,310 THB (with interest), breaking down as:
    • Future dental treatment: 100,000 THB
    • Lost income during recovery: 29,310 THB
    • Future earning capacity loss: 100,000 THB
    • Non-economic damages: 150,000 THB
    • Plus legal interest of 15% p.a.

This case shows dental injury claims are complex. Legal guidance can ensure you receive what you rightfully deserve.

Why You Should Consult a Lawyer Immediately?

Consulting a lawyer first is the most effective way to protect your rights. A legal expert can help you draft demand letters, file police reports, review policy details, and pursue litigation when necessary. With legal support, you’ll be equipped to claim full compensation—covering medical bills, lost wages, and emotional harm—without being shortchanged by insurers.

Summary

  • In case of a car crash with broken teeth, you may claim under CTPL and voluntary insurance (Class 1 or PA rider).
  • Prepare full documentation and understand your policy.
  • If your claim is unjustly denied, consult a lawyer first, then follow up with the insurer and OIC if needed.

🔑 Remember: Protect your rights and ensure you receive all the compensation you deserve.

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