Loss of use of vehicle

A Cautionary Tale of “Loss of Use of a Vehicle”: When Insurance Companies Shift the Blame to Consumers Who Is Truly Responsible?

Posted on by wongsakornsiri
13
Jan

Those who regularly follow legal content on the Wongsakorn Law Office website will notice that loss of use of a vehicle is one of the recurring legal issues that causes significant hardship to insured persons. Many cases reveal a troubling pattern in which insurance companies attempt to avoid liability or shift the burden onto policyholders, even though the damage results from accidents and repair processes beyond the insured’s control.

Loss of use of a vehicle is not a new legal concept. However, many consumers remain unaware of their legal rights, leading them to accept losses without receiving fair compensation. This article presents another real-life case that clearly illustrates why having a lawyer involved from the very beginning is critically important once damage occurs.

What Is “Loss of Use of a Vehicle”?

Loss of use of a vehicle refers to damages that a vehicle owner is legally entitled to claim when they are unable to use their vehicle under normal circumstances due to reasons not caused by their own fault for example, when the vehicle is damaged in an accident and must undergo lengthy repairs, preventing its use for work, business, or daily life.

Such damages may be claimed even if the injured party does not rent a replacement vehicle, provided it can be proven that the vehicle was normally in use and that the inability to use it caused actual damage. However, the method and effectiveness of claiming loss-of-use damages largely depend on the legal techniques and strategies employed by the lawyer handling the case, which can significantly affect the amount recoverable.

Nearly 200 Days in Repair Who Should Be Held Responsible?

In one illustrative case, the victim’s vehicle was severely damaged in an accident and required nearly 200 days of repair far exceeding a reasonable repair period. Due to this prolonged delay, the victim was unable to use the vehicle and therefore appointed a lawyer to pursue compensation, including loss-of-use damages, from the insurance company. However, what transpired in court raised serious concerns regarding the insurer’s conduct.

Blame Shift No. 1: “The Insured Voluntarily Chose the Repair Center”

The insurance company argued that:

“The plaintiff voluntarily chose to repair the vehicle at that service center, fully aware that the repair queue would take several months.”

In other words, the insurer attempted to shift responsibility onto the insured, claiming that the insured must bear the consequences of the repair delay. In reality, insured persons often have little bargaining power and must rely on repair processes controlled by insurers, particularly regarding repair cost approvals.

Blame Shift No. 2: Passing Responsibility to the Repair Center

After blaming the insured, the insurance company further shifted responsibility to the repair center, citing long repair queues. However, evidence showed that the insurer itself contributed to the delay through slow repair approval processes.

As a result, the insured was left in a situation where “no one takes responsibility,” despite being the insurer’s customer. This raises a crucial question: When should an insurance company, as the insurer, be held accountable to its policyholders?

Not Sure Where to Start After an Accident? Learn to Protect Yourself Through Wongsakorn Law Office’s YouTube Channel

After an accident, many people are unsure how to begin claiming loss-of-use damages, what to say to insurance companies, what documents are required, or whether the insurer’s explanations should be accepted. Numerous cases demonstrate that individuals who pursue claims on their own often face rejection, blame-shifting, or legal misinformation, ultimately giving up without fair compensation.

In truth, loss of use of a vehicle is a legally recognized right, and insurance companies cannot deny liability merely by citing long repair queues or claiming that the insured selected the repair center. The real issue is not the absence of rights, but the lack of knowledge on how to properly exercise them.

If you are unsure where to begin, we recommend following Wongsakorn Law Office’s YouTube channel, which offers real case studies, legal insights, and practical strategies regarding loss-of-use claims and insurance disputes in an easy-to-understand format empowering you to stay informed and avoid being taken advantage of.

Knowing your rights, knowing the techniques, and understanding insurance practices from the very first step can make all the difference.

Why Is It Crucial to Have a Lawyer from the Start?

This case clearly demonstrates the importance of involving a lawyer immediately after damage occurs. A lawyer can:

  • Develop a compensation strategy from the outset
  • Collect evidence regarding vehicle usage and repair duration
  • Properly assess loss-of-use damages
  • Prevent unfair denial of liability by insurance companies

In contrast, many victims first attempt to handle matters themselves and only consult a lawyer after repeated denials by which time they may have already lost critical legal advantages.

Consult a Lawyer Immediately Better Than Trying Alone and Receiving Nothing

This nearly 200-day repair case serves as a powerful reminder that victims should not bear the burden of delays and unfair treatment alone. Once damage occurs, insured persons’ rights deserve genuine protection.

If your vehicle has been in long-term repair or your loss-of-use claim has been denied, do not wait for the damage to escalate. You may consult a lawyer immediately to plan a fair, lawful, and strategic compensation claim from the very beginning. Consult a lawyer today Click “Contact Us”

Loss of use of vehicle

“Knock for Knock Form” A Small Thing Every Insured Driver Must Know Before It Becomes a Big Problem Insurance Companies Never Tell You

Posted on by wongsakornsiri
15
Dec

When it comes to motor insurance whether it is first-class, second-class, or third-class insurance many people believe that simply “having insurance” is enough. If an accident occurs, they assume they can just call the insurance company, wait for the surveyor, and everything will be resolved smoothly.

In reality, motor insurance involves many important details that most policyholders either do not know or have never been told. One of the most crucial documents that every insured driver should always keep in their vehicle is the “Knock for Knock Form.”

This single sheet of paper can save you time, prevent disputes with the other party, and protect you from future insurance claim problems.

In this article, Attorney Arm shares real-life experience to help insured drivers understand their rights and avoid mistakes in emergency situations.

A Real Experience! When Even a Lawyer Faces a “Knock for Knock” Issue

One day, Attorney Arm was involved in a rear-end collision. His vehicle was damaged, but fortunately, no one was injured and the damage was not severe.

At the time, both parties were in a hurry. Attorney Arm politely asked the other driver:

“Do you accept responsibility?”

The other party appeared confused, even though under traffic law, rear-end collisions clearly place fault on the vehicle behind. To avoid prolonging the situation, Attorney Arm then asked:

“Do you have a Knock for Knock Form?”

This form is issued by insurance companies to their policyholders. Both parties agreed to fill out and exchange the Knock for Knock Forms and then left the scene calmly, without argument or conflict.

The Problem Begins When the Other Party Calls Their Insurance Company

After leaving the scene, the other driver contacted their insurance company and told the call center that:

“The other party was in a hurry and wanted to exchange claim forms.”

Surprisingly, the insurance staff responded:

“That is not allowed. Our officer must inspect the accident scene.”

Attorney Arm then contacted the insurance company’s call center himself, politely explaining the situation and asking for the staff member’s name, but received no clear response.

He explained that the Knock for Knock Form clearly states:

“In the event of an accident, please complete this form, exchange it with the other party who has the same form, and leave the scene without waiting for an insurance officer.”

Unexpectedly, the insurance staff replied that they were “not familiar with the Knock for Knock Form,” even though it was issued by their own company.

When an Insurance Company Does Not Recognize Its Own Document

This incident left Lawyer Arm puzzled. How could an insurance company employee be unaware of a document issued by their own company?

This is a situation many policyholders may encounter but do not know how to handle. Some may simply comply with the insurance company’s instructions, believing that “they must know better.”

In fact, policyholders have the right to use the Knock for Knock Form in accordance with their insurance policy.

An Important Lesson for All Insured Drivers

This case clearly demonstrates that:

  • Even if you have insurance
  • Even if you do everything correctly
  • If you do not understand your own rights, you may still face claim denial or unnecessary delays

This is why policyholders should not rely solely on what insurance companies say, but must also understand their policy documents and rights.

What Should You Do If an Accident Occurs and You Have a Knock for Knock Form?

1.Stay calm and do not act emotionally
 Accidents can happen to anyone.

2.Exit the vehicle politely and speak calmly to the other party
 A friendly attitude can prevent escalation.

3.Complete and exchange the Knock for Knock Form
 No need to wait for an ins insurance officer if the form allows it.

4.Take photos of the damage and accident scene
 Keep evidence.

5. Keep all documents safely

What If the Insurance Company Refuses to Process the Claim?

If you encounter situations such as:

  • The insurance company refuses to pay
  • Staff claim it is “not possible” despite clear documentation
  • Liability is denied without reasonable explanation

Do not let yourself become a victim.

You may consult a lawyer immediately, especially one experienced in insurance law. Insurance companies have legal teams involved in every case, even before accidents occur.

Having Insurance Is Not Enough You Must Know Your Rights

Insurance exists to protect policyholders, not to create problems.

The Knock for Knock Form is your right. Knowing how to use it correctly can save you time, money, and stress.

If you experience problems with insurance claims, vehicle accidents, or unjust claim denials, do not hesitate to consult Wongsakorn Law Office, so you do not become a victim of the insurance system you paid for.

Loss of use of vehicle

Consumer Warning in Car Accident Cases! When Insurance Companies Outsmart You by Refusing Repairs and Accusing Victims of “Staging the Crash”

Posted on by wongsakornsiri
20
Nov

As car accident cases continue to rise, many consumers still believe that once an accident occurs, the insurance company will handle everything, arranging repairs, assessing damage, and compensating the injured party fairly. Unfortunately, reality is far from this assumption. Many insurance companies adopt strategies to avoid responsibility: refusing to repair, claiming documents are incomplete, or even alleging that the victim contributed to the incident.

One such case involves an elderly woman, a case that has now become an important lesson for all consumers regarding their rights in car accident disputes.

Insurance Company Ignored the Case for 2 Full Months No Repairs, No Assessment, No Response

The incident began when the elderly woman’s car was hit and severely damaged. Instead of arranging repairs as required, the at-fault driver’s insurance company did nothing.
For two months, they:

  • did not contact her,
  • did not assess the damage,
  • did not bring the vehicle in for repair.

The woman, who had no legal knowledge, had no idea what to do. People around her advised her to file a complaint with the OIC (Office of Insurance Commission). However, it is widely known that the OIC often works in ways that lean toward supporting insurance companies. Starting the process this way may cause unnecessary delays and potential loss of rights.

Fortunately, she had not filed the complaint yet and instead chose to consult the Lawyer Arm from Wongsakorn Law Office.

Lawyer Arm Immediately Took Over the Case and Issued a Formal Notice Demanding Repairs

After reviewing all the details, Lawyer Arm found that the case carried a high risk of the insurance company misleading the victim or avoiding responsibility.

The office immediately drafted and sent a formal letter to the insurance company instructing them to:

  • bring the damaged vehicle in for repair,
  • restore it to its pre-accident condition,
  • fulfill all duties required under the insurance policy.

Importantly, the letter did NOT demand any repair costs from the insurance company; it merely required them to take the car and repair it, as the responsible insurer.

From Rejecting Repairs to Suddenly Requesting Documents and Asking for Repair Estimates

After receiving the letter, the insurance company shifted their attitude and responded by requesting:

  • repair cost estimates,
  • repair shop details,
  • labor costs,
  • parts pricing,

which they claimed were needed for “price control procedures.”

Although it might sound reasonable, in reality…

 This is a strategy designed to shift responsibility onto the victim.

Why Did the Lawyer Advise “Do NOT Prepare Repair Estimates”?

According to Lawyer Arm, preparing repair estimates poses high risks, because the insurance company could later accuse the victim of:

  • providing a fake estimate,
  • listing incorrect parts,
  • inflating prices,
  • adding unnecessary items.

They could even file a counter-lawsuit against the victim, claiming attempted fraud.

Most consumers have no idea this can happen.

The Truth: It Is NOT the Victim’s Duty to Find Repair Shops or Prepare Cost Estimates

In car accident and insurance law:

  • The insurance company must manage all repair arrangements.
  • The insurance company must select the repair garage.
  • The insurance company must assess repair costs.
  • The insurance company must restore the car to its original condition.

The victim has zero responsibility to prepare repair estimates.

Therefore, the insurance company’s attempt to push this duty onto the victim is a clear violation of proper procedure.

What Is the Insurance Company Afraid Of? Poor Repairs? Additional Liability? Compensation for Loss of Vehicle Use?

Many people wonder:

  • Are they afraid repairs will not meet standards?
  • Are they afraid they will incur additional liability if problems arise later?
  • Are they afraid they will have to pay loss of vehicle use compensation while the car is being repaired?

Regardless of the reason, the victim should not be forced to bear these burdens.

Main Lesson: Consumers Need a Lawyer Because Insurance Companies Already Have Lawyers Before the Crash Even Happens

Most people do not realize:

Insurance companies already have lawyers prepared before any car accident occurs.
They have time, legal resources, and strategies ready to reduce liability.

But consumers usually:

  • have no legal advisor,
  • have no knowledge of their rights,
  • lack experience dealing with insurance tactics.

Thus, when an accident occurs, consumers should consult a lawyer to:

  • protect their rights,
  • prevent unfair treatment,
  • compel the insurance company to fulfill its duties,
  • avoid being pushed into taking responsibility for things they shouldn’t.

Don’t Let Insurance Companies Manipulate Your Rights

This case shows how some insurers may:

  • reject repairs altogether,
  • accuse the victim of staging the crash,
  • demand documents the victim is not responsible for,
  • twist procedures to avoid paying compensation.

Consumers must stay informed and have a professional to protect their interests.

If you are facing a car accident dispute, if your insurance company refuses repairs, or if you feel the company is avoiding responsibility:

👉 Consult Lawyer Arm – Wongsakorn Law Office
 📞 Tel: 062-195-1661

Recover fully first

Insurance Lesson Learned! The Policyholder Hit a Pedestrian but the Insurance Company Did Nothing When “trust” in an insurance company turns into double damage?

Posted on by wongsakornsiri
11
Nov

Lawyer Arm shares how to claim your legal rights correctly from the start.

In the world of insurance, many people believe that having a policy is a shield of protection when unexpected accidents happen, especially road accidents.
However, in reality, there are many cases where the insured must handle everything on their own, and worse, insurance companies sometimes refuse to take responsibility, leaving the policyholder to share the financial burden with the injured party.

This true story happened to a man who held a car insurance policy. He hit a pedestrian, causing injuries that required hospitalization. The police ruled him at fault. Everything seemed to proceed normally toward a claim until the insurance company refused to help, even with the advance payment for medical expenses.

The Insurance Company Refused to Advance Payment Despite Having the Claim Document

The insured man said he had all the required documents, a claim form and an accident report but the company told him both he and the injured person must “advance the payment first.”
Even with the claim form in hand, the insurer would not issue a guarantee letter for the hospital to claim directly. As a result, both the insured and the victim had to pay medical expenses from their own pockets first.

This might sound unbelievable, but such cases do happen. It’s a clear reminder that:

“Having insurance doesn’t automatically mean you’ll be protected in every case.”

When the Insured Becomes a Double Victim?

Since the police ruled him at fault, the insured had the legal duty to compensate the injured party.
But instead of the insurer managing the claim as promised, both the insured and the injured person had to jointly demand compensation from the insurance company.
This turned the policyholder into a “double victim” losing money, time, and peace of mind.

Lawyer Arm’s Advice: File a Joint Lawsuit as a Consumer Protection Case

Lawyer Arm suggests that if both the policyholder and the injured person file a lawsuit together against the insurance company, it can be considered a consumer protection case, as both are consumers suffering from unfair business practices.

If the court finds that damage truly occurred, the insured can claim full compensation including Lawyer’s fees.
In many cases, the court orders the insurer to pay for legal costs, though it depends on the evidence and court discretion.
That’s why having a lawyer from the very beginning is essential to ensure that every step follows the law and that your rights are fully protected.

Lawyers Can Legally Charge a Percentage of the Awarded Amount

Under Thai law, lawyers can legally charge a percentage-based fee from the recoverable amount.
Therefore, policyholders can make a transparent agreement with their lawyer, for example:

  • Setting a fair percentage from the total recovered amount; or
  • Paying a flat fee for the entire case.

This clarity helps avoid disputes later and ensures smoother case progression.

Don’t Wait Too Long Before Consulting a Lawyer

Lawyer Arm also warns:

“Don’t wait until you fully recover or years have passed before filing your claim. Once you’ve recovered, you may lose the right to claim compensation for permanent disability.”

In practice, many people wait too long only to receive partial compensation.
Always seek legal advice immediately after an accident, so your lawyer can verify your claim and documentation right from the start.

Insurance Companies Sell Easily but Claims Are Hard

Many insurance companies market themselves as “fast and reliable”, but when accidents actually happen, they often give excuses such as:

  • “We’re overloaded with cases.”
  • “It’s not our department’s responsibility.”
  • “We need to wait for documents from the hospital.”

In the end, the policyholder ends up doing all the paperwork and follow-ups.
As Lawyer Arm often says:

“When you sell insurance, you sell trust but when a client has an accident, you must serve them, not make excuses.”

Key Advice for Every Policyholder

1.Keep all evidence — claim forms, police reports, medical certificates, receipts.

2.Notify your insurer immediately after an accident and ask for a claim number.

3.Don’t sign any documents you don’t fully understand especially waivers or settlements.

4.Consult a lawyer right away if the insurer refuses to pay or delays the claim.

The Takeaway

Having insurance doesn’t guarantee fair treatment but knowing your rights and having a lawyer by your side can help you recover your losses and gain true justice.
In a world where companies compete to sell insurance, don’t forget as a policyholder, you must also learn to understand and defend your rights.
Consult a lawyer today so you’ll never be taken advantage of by an insurance company again.

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.

Protect against malicious malware

Breath Alcohol Test Result: 13 Mg.% Insurance Refuses to Pay Using the Same Old Excuse of “Retrospective Alcohol Calculation”

Posted on by wongsakornsiri
14
Oct

DUI cases no driver ever wants to face one, especially when they truly weren’t drunk. Unfortunately, that wish rarely aligns with reality. Nowadays, when an accident occurs, drivers are often quickly accused of driving under the influence.
Insurance companies frequently manipulate “retrospective alcohol calculations”, inflating the driver’s blood alcohol level beyond the 50 mg.% legal limit and then refusing to compensate for damages.

At Wongsakorn Law Office, approximately 90% of DUI clients we handle were unfairly accused because insurers retroactively calculated alcohol levels. Even when drivers insist they weren’t drunk, once the reading exceeds 50 mg%, insurance companies automatically deny coverage leaving the driver to face both criminal charges and financial loss.

Case Example: Insurance Company Denies Claim Using the Same Excuse

In this case, the victim had a breath alcohol test result of only 13 Mg.% immediately after the accident. Despite this, the insurance company refused to cover any damages, falsely claiming that the actual alcohol level exceeded 50 Mg.%.

Feeling that this was unfair, the victim filed a complaint with the Office of Insurance Commission (OIC). However, the insurer stood firm and continued to deny responsibility. Exhausted and frustrated, the victim turned to Lawyer Arm, a legal expert in automotive insurance law, who took the case and successfully pursued compensation for the client.

Our office strongly advises victims not to face such cases alone. Consulting a lawyer ensures you’re protected from unfair settlements and the emotional toll of dealing with a DUI accusation especially when you weren’t at fault.

Understanding the Law: 4 Cases Where 20 Mg.% = “Intoxicated”

According to the Ministerial Regulation No. 21 (B.E. 2550) under the Land Traffic Act B.E. 2522, a blood alcohol concentration exceeding 50 Mg.% is legally considered intoxicated.
However, in the following four cases, exceeding 20 Mg.% is already considered “drunk”:

1. Drivers under 20 years old

2. Drivers with a temporary license (2-year license)

3. Drivers holding a license of a different category

4. Drivers with revoked or suspended licenses

While the new traffic laws (2023 revision) clearly define these limits, the most effective prevention remains simple: do not drink before driving. Compliance with traffic laws and awareness of alcohol effects will greatly reduce DUI cases and accidents.

DUI Cases – A Common Legal Battle

DUI insurance disputes are among the most frequent cases we receive. Despite being featured on high-profile media such as #HoneKrasae, insurance companies continue using unfair tactics notably retrospective alcohol calculations to evade payment.

“Retrospective Calculation”  A Questionable Tactic

This tactic involves delaying alcohol testing after the accident, then using the theory that alcohol levels drop by 15 Mg.% per hour to estimate a higher concentration at the time of the accident.
This manipulation has drawn many consumer complaints, as it’s clearly unfair and exploitative toward victims who were not intoxicated.

Many clients find themselves accused of DUI even without drinking at all, labeled as “drunk drivers” with alleged readings above 50 mg%. Such conduct not only harms victims financially but also damages their dignity and trust in the insurance system.

Ultimately, many victims who never intended to file lawsuits end up having to do so simply because insurance companies refuse to take responsibility from the start.

Legal Advice from Wongsakorn Law Office

If you’re in a similar situation where your insurer uses retrospective alcohol calculations to deny payment don’t waste time arguing or handling the claim yourself. Consult an experienced lawyer immediately.
You can reach out to the Lawyer Arm or contact Wongsakorn Law Office directly through our official page, “Law & Motor Insurance.”

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.

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