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.

Recover fully first

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

Posted on by wongsakornsiri
29
Sep

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

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

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

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

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

Common Tricks by Insurance Companies

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

A Case Example: Victim Who Contacted a Lawyer in Time

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

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

Recover fully first

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

Posted on by wongsakornsiri
26
Sep

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

The claimant demanded compensation as follows:

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

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

The respondent objected to the claims, arguing that:

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

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

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

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

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

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

Issues for Consideration:

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

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

Arbitration Decision

Medical expenses before filing the dispute

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

Future medical expenses

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

Other related expenses

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

Loss of earnings during recovery

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

Loss of future earning capacity

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

➡ The respondent is not liable for this claim.

Non-pecuniary damages

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

Final Award

The respondent must compensate the claimant as follows:

1.Medical expenses before filing: 5,162 THB

2.Other related expenses: 1,800 THB

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

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

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

Editorial Note

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

Protect Your Rights – Start with Legal Consultation

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

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

Recover fully first

Insurance Dispute! When an Accident Victim Is Denied Compensation and Must Rely on a Lawyer

Posted on by wongsakornsiri
02
Sep

When a road accident occurs, most people expect the insurance company of the liable party to take responsibility and compensate for damages as stated in the policy whether it be medical expenses, property damage, or other forms of compensation. However, in reality, many victims face a frustrating situation where the insurance company remains silent, refuses to act, or offers compensation far below the actual damages.

This article, from Wongsakorn Law Office, presents a real-life case involving an insurance dispute that happened to one of our clients. The victim was severely injured in a traffic accident, but the insurance company neglected its responsibility and offered an unfair settlement. Eventually, the case was taken to court, where the judge ruled that the insurance company must pay a significantly higher amount than what had originally been offered.

The Beginning: Accident and Insurance Company’s Negligence

The victim, who was riding a motorcycle, was struck by another vehicle and suffered severe injuries including fractures to the leg, wrist, and fingers. The motorcycle was also heavily damaged. The at-fault driver admitted negligence, and under the law, the insurance company was required to cover all damages.

Yet, during police investigation and negotiation, the at-fault party’s insurance company ignored its responsibility and failed to offer any compensation despite the insurer’s role being to ease the victim’s hardship and provide fair restitution.

Turning to a Lawyer After Unfair Treatment

Unable to accept such injustice and in pain both physically and mentally, the victim sought help from Lawyer Arm, an insurance litigation specialist at Wongsakorn Law Office, to pursue rightful compensation from the insurance company.

The law office began by filing a complaint with the Office of Insurance Commission (OIC.), the regulatory body overseeing insurance companies in Thailand, to demand justice for the victim.

The Unfair Settlement Offer

Following the complaint, the insurance company eventually responded by offering only 100,000 THB in compensation, claiming that this was appropriate for the victim’s injuries.

However, given the actual extent of damage, physical injuries, lost income, and severe property loss this amount was unreasonably low. This reflects a common tactic among insurance companies: offering minimal payouts to protect their own interests rather than genuinely supporting the victim.

Fighting in Court: Toward Fair Compensation

Since negotiations failed to bring justice, Wongsakorn Law Office filed a lawsuit against both the negligent driver and the insurance company.

After trial, the court ruled that the defendants must pay the victim 425,322 THB plus 5% annual interest, along with 8,000 THB in attorney fees and 3,000 THB in court costs.

Compared with the 100,000 THB initially offered, the difference is striking. This outcome proves that without legal representation, victims may be forced to accept unfair settlements or receive no proper compensation at all.

Why Having an Insurance Litigation Lawyer Is Essential?

1.Understanding Insurance Tactics
 Insurance companies have legal teams to protect their interests. Without a lawyer, victims are at a severe disadvantage.

2.Accurate Damage Assessment
 Lawyers can gather medical evidence, financial records, and property damage reports to prove the true extent of losses.

3.Preventing Exploitation
 Many victims accept low settlements due to lack of legal knowledge. Lawyers ensure victims receive fair and just compensation.

4.Proper Legal Procedures
 From filing complaints with the OIC. to litigating in court, experienced insurance lawyers handle cases efficiently and effectively.

An Important Lesson for All Accident Victims

Comparing the insurance company’s 100,000 THB offer to the court’s ruling of 425,322 THB clearly demonstrates the importance of legal representation. Without it, victims risk losing their right to fair compensation.

This case serves as an important reminder: never face an insurance company alone. Consulting a lawyer from the very beginning is the best way to protect your rights.

Consult a Lawyer Immediately. Don’t Let Insurance Companies Take Advantage

Accidents can happen anytime, and insurance claims follow. But insurance companies don’t always act fairly and many tried to minimize payouts.

That’s why victims and their families must recognize that having an insurance lawyer is not a luxury, but a necessity to ensure justice and proper compensation.

If you or someone you know is facing issues with an insurance company, do not wait. Consult an insurance litigation lawyer immediately. Insurance companies already have their own legal teams. So should you.

Recover fully first

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

Posted on by wongsakornsiri
15
Aug

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

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

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

The Arbitration Award: Facts Over Allegations from the Insurer

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

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

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

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

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

Wongsakorn Law Office: Your Trusted Partner for Protecting Your Rights

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

Recover fully first

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

Posted on by wongsakornsiri
15
Aug

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

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

Becoming Disabled from an Accident You Didn’t Cause!

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

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

Severe Injuries Leading to Finger Amputation

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

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

From a Healthy Individual to a Disabled Person Missing a Limb

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

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

Compensation of 100,000 Baht Cannot Replace a Lost Finger

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

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

Why Should You Have a Lawyer to Protect Your Rights?

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

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

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

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

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