Drunk Driving Cases

Back-Calculating Blood Alcohol Levels: If an Insurance Company Tells You to Write False Facts, Serious Consequences May Follow

Posted on by wongsakornsiri
27
Jul

Some people may have heard the term “back-calculating blood alcohol levels” from an insurance company after a traffic accident, especially when a breath alcohol test is conducted after the incident. However, many do not realize that providing false information—or being advised to write statements that do not reflect the truth for an insurance company—may result in losing insurance policy benefits or even lead to legal problems.

In this article, Lawyer Arm Supasit Siri of Wongsakorn Law Firm shares a real case brought to him by an accident victim as a warning for consumers and all drivers. In this case, the victim almost lost their legal rights simply because they nearly followed incorrect advice, even though their rights could have been protected.

Real Case: The Victim Almost Lost Their Rights After Following Advice from an Insurance Company

The accident occurred at approximately 2:00 a.m. The victim was involved in a traffic accident, and the police later conducted a breath alcohol test at around 3:00 a.m.

After the accident, the victim contacted Lawyer Arm Supasit Siri through the LINE Official Account of Wongsakorn Law Firm for legal advice because the insurance company mentioned back-calculating blood alcohol levels and asked the victim to provide information about the time they had consumed alcohol. 

When Lawyer Arm asked about the actual facts, the victim explained that they had finished drinking at around midnight.

However, when Lawyer Arm asked, “What did you write in the document?”

The answer immediately prompted Lawyer Arm to issue an urgent warning. 

The victim said that an insurance company representative or insurance surveyor had advised them to write that:

  • They started drinking at 6:00 p.m.
  • They finished drinking at 8:00 p.m.
  • The accident occurred at 2:00 a.m.

even though these were not the actual facts.

Lawyer Arm’s Response: “A Disaster”

After hearing the information, Lawyer Arm immediately said:

“This is a disaster.”

The main reason is … 

that providing information that does not match the actual facts may negatively affect the victim later.

Whether the information comes from the victim or from someone else’s advice, once the victim signs the document, it is considered information that they have certified.

Therefore, what should be done is:

Write only the actual facts.

Do not write what someone tells you if it is not true.

What Is “Back-Calculating Blood Alcohol Levels”?

The term “back-calculating blood alcohol levels” is commonly encountered in traffic accident cases.

In principle, it involves using the blood alcohol test result at the time of testing and analyzing it together with factual information, such as:

  • The time drinking began
  • The time drinking ended
  • The time the accident occurred
  • The time the alcohol test was conducted
  • Other scientific information

Each person’s body absorbs and eliminates alcohol differently. Therefore, there is no fixed formula that applies to everyone. For this reason, the facts regarding the drinking timeline are extremely important. If the information is incorrect from the beginning, the analysis may also be incorrect.

What Should You Do If Someone Advises You to Provide False Information?

In Lawyer Arm’s view, if any official advises a victim to provide information that does not match the actual facts, the victim should exercise extreme caution.

This is because, ultimately, the person responsible for the information in the document is the one who signs it.

Therefore, Lawyer Arm recommends:

  • Do not provide false information.
  • Read every document before signing.
  • If you have any doubts, do not sign it yet.
  • Consult a lawyer as soon as possible after the accident.

In some cases, if there are circumstances indicating that a victim was deceived into signing a false statement to benefit another person, the facts and legal rights involved may need to be examined on a case-by-case basis.

Drunk, but Almost Lost Their Rights

This case shows that the victim did not almost lose their rights simply because they had consumed alcohol.

They almost lost their rights because they believed advice that did not match the actual facts. Fortunately, the victim consulted the Lawyer Arm before taking any further action, making it possible to correct the course in time. This is why, after an accident, you should not rush to sign any document if you do not fully understand its contents.

Why Should You Have a Lawyer from the Day the Accident Happens?

Based on Wongsakorn Law Firm’s experience, many victims seek legal advice only after they have already signed documents. In many cases, correcting the situation is more difficult than preventing the problem from the beginning.

Lawyer Arm therefore emphasizes:

“When an accident happens, the first thing you should do is consult a lawyer.”

The reason is … 

that insurance companies have legal teams, advisors, and specialists to provide guidance from the very beginning.

Meanwhile, many people have to make decisions on their own while they are in shock, worried, stressed, and unfamiliar with the law.

Having a lawyer from the beginning helps you understand your rights and reduces the risk of being disadvantaged by signing documents or providing information that may have negative consequences later.

Lawyer Arm’s Recommendations

If you are involved in a traffic accident and there is an issue concerning back-calculating blood alcohol levels, or if an official asks you to sign a document regarding your drinking timeline, you should:

  • Provide information based on the actual facts.
  • Do not sign any document you do not understand.
  • Read every document carefully before signing.
  • Take photos of every document.
  • Consult a lawyer as soon as possible if you have any questions about your rights or the legal consequences.

Cases involving back-calculating blood alcohol levels involve both factual and legal issues. Even a small inaccuracy in the information provided may affect the consideration of an insured person’s rights.

If you are facing issues involving a traffic accident, an insurance claim, or a dispute with an insurance company, do not wait until the situation becomes more serious. Wongsakorn Law Firm recommends consulting a lawyer from the day the accident occurs so that your case can be handled carefully and your rights can be protected step by step. In many cases, the right decision made in the first few hours can determine the outcome of the entire case.

Consult Lawyer Arm — Click >> Contact Us <<

Loss of use of vehicle

Should the OIC Look Into It? Understanding the “Contact the Insurance Company Within 15 Days” Statement on Insurance Claim Forms and What It Means for Consumers

Posted on by wongsakornsiri
22
Jul

When a road traffic accident occurs, most policyholders are familiar with the standard procedure of waiting for an insurance surveyor or claims adjuster to arrive at the scene to assess the damage and issue a document commonly referred to by the public as a “claim form,” which is then used to facilitate vehicle repairs or the filing of an insurance claim.

However, many people may not have noticed that some insurance companies include the following statement on their claim forms:

“Please contact the insurance company within 15 days to negotiate and agree on the repair costs and compensation for the damages.”

In addition, the claim form contains the following notice:
“Important: This document is not a repair authorization.”
Although consisting of only a few lines, this statement may cause many consumers to misunderstand their legal rights.
In this article, Lawyer Arm Supasit Siri of Wongsakorn Law Firm invites members of the public and consumers to examine the issue from the perspectives of law and consumer rights, with the aim of helping them better understand their legal entitlements and avoid unnecessarily forfeiting their rights.

What Role Does the Office of Insurance Commission (OIC) Play in the Insurance Industry?

The Office of Insurance Commission (OIC) is the regulatory authority responsible for supervising and promoting the insurance industry. Its role is to ensure that insurance businesses operate in compliance with the law and to foster public confidence in the insurance sector.

In practice, however, when a road traffic accident occurs, an insurance company’s surveyor will inspect the circumstances of the accident and prepare the relevant documentation for reporting the damage in accordance with the company’s claims procedures.

Nevertheless, the assessment of damages, the determination of liability, and the payment of insurance indemnity must still be based on the facts of the case, the terms and conditions of the insurance policy, and the applicable laws.
What Does the Statement “Please Contact the Insurance Company Within 15 Days to Reach an Agreement on the Repair Costs and the Amount of Damages” Mean?
Based on Wongsakorn Law Firm’s practical experience, many members of the public and consumers mistakenly believe that if they fail to contact the insurance company within 15 days, they will immediately lose their right to claim compensation.

Such a misunderstanding may cause consumers unnecessary concern or prompt them to take action before they have fully understood their legal rights.

In the view of Lawyer Arm Supasit Siri, this statement should be communicated more clearly to prevent the public from misunderstanding their legal rights. It is also important to distinguish between an insurance company’s internal claims procedures and a policyholder’s legal right to seek compensation, as these may constitute two separate legal issues.
What Is an Insurance Claim Form? 

A claim form, or damage assessment document, is a document issued by an insurance company after conducting a preliminary assessment of the damage. It is used to support the subsequent claims process or other related procedures.

However, the format and wording of such documents may vary from one insurance company to another.

Policyholders should therefore carefully read all the details before signing any document or taking any action based on it.

If any part of the document is unclear, they should seek clarification from the insurance company or obtain advice from a legal professional before proceeding.

Key Information Consumers Should Know After a Road Traffic Accident
After a road traffic accident, it is important not only to have your vehicle repaired but also to protect your legal rights. This includes:

  • Obtaining copies of all relevant documents;
  • Carefully reading every statement on the insurance claim form;
  • Seeking clarification if any part of the document is unclear;
  • Preserving all evidence and records relating to the accident;
  • Reviewing the terms and conditions of your insurance policy.

Having a clear understanding of your legal rights from the outset can help minimize the risk of future disputes. 

One key difference between insurance companies and consumers is that consumers often do not have legal representation.

Lawyer Arm Supasit Siri is of the view that one important difference between consumers and business organizations is that many organizations have in-house legal departments or legal counsel to provide ongoing legal support for their operations.

By contrast, most members of the public may be experiencing a road traffic accident for the first time and may therefore be unfamiliar with the procedures involved, their legal rights, or the legal implications of the documents they receive.

For this reason, obtaining relevant information or seeking advice from a legal professional before making important decisions is one way consumers can better protect their legal rights and interests.

What Should You Do If You Have Questions About Your Rights?
If a policyholder has questions regarding:

  • the insurance claim form;
  • vehicle repairs;
  • a denial of liability;
  • the payment of insurance indemnity; or
  • any statements or wording contained in documents issued by the insurance company.

As a first step, you should seek clarification from the insurance company to ensure that you fully understand the relevant documents and procedures.

If you still have questions about your legal rights, or believe that the proposed course of action may affect your rights or interests, consulting a lawyer is another option. Doing so can help you better understand the applicable law and make informed and well-considered decisions.
Purchasing insurance is not merely about paying insurance premiums. It also means understanding your rights and obligations when unexpected events occur.

In the view of Lawyer Arm Supasit Siri, any wording on an insurance claim form that may cause consumers to misunderstand their rights should be communicated clearly and accurately. This helps ensure that members of the public can exercise their legal rights correctly and reduces the risk of losing those rights due to misunderstanding.

If you are involved in a dispute with an insurance company—whether it concerns an insurance claim form, a refusal to authorize repairs, an insurance indemnity claim, or questions regarding a policyholder’s legal rights—Wongsakorn Law Firm is available to provide legal advice, assess your case, develop an appropriate legal strategy, and assist you in pursuing compensation from the insurance company in accordance with the law. To consult Lawyer Arm, please contact us.

Line @ คลิก! โทรหาเรา คลิก!