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 <<.

General knowledge

Shareholders Register and Share Certificates: Crucial Documents That Business Owners Should Not Overlook

Posted on by wongsakornsiri
04
Aug

The “Shareholders Register” and “Share Certificates” are essential legal documents for operating a limited company, especially when there are changes in shareholder structure, share transfers, or disputes concerning shareholder rights. If these documents are improperly prepared or there is a lack of legal understanding, unexpected business issues may arise.

Wongsakorn Law Office would like to explain the importance of these two types of documents and provide guidance on how to prepare them correctly in accordance with the law, so that business owners and executives can confidently manage internal corporate matters.

What is a Shareholders Register?

A Shareholders Register is a document created by a company to record the names of all shareholders. Information required in the Shareholders Register includes:

  • Name and address of each shareholder
  • Number of shares held
  • Share certificate number (if any)
  • Date of acquiring the shares
  • Date of share transfer (if applicable)
  • Other information as required by law

This register serves as critical evidence to prove who the rightful “owner” of the company’s shares is. It must be kept at the company’s registered office and be made available for inspection by the Department of Business Development or other legally entitled parties.

What is a Share Certificate?

A Share Certificate is a document issued by a company to its shareholders as official proof of share ownership. It usually includes the certificate number, shareholder’s name, number of shares, and is signed by a company director as per the Articles of Association.

Although a Share Certificate is not as legally significant as the Shareholders Register (which is considered the primary legal evidence), it still holds psychological and practical value. Many shareholders prefer to have tangible proof and use it in business negotiations or to demonstrate their right to transfer shares.

The Relationship Between the Shareholders Register and Share Certificates

The Shareholders Register carries more legal weight than Share Certificates. In the event of ownership disputes, the register is used as the primary proof of shareholding.

In practice, Share Certificates support changes in the register. For example, when shares are transferred, the original certificate must be returned, a new certificate issued to the transferee, and the register updated accordingly.

Common Issues with Shareholders Registers and Share Certificates

1.      Failure to maintain a Shareholders Register
 This is common among SMEs and family-run businesses. If a legal dispute arises, the company may be at a disadvantage in court.

2.      Issuing Share Certificates without updating the Register
 If the shareholder’s name does not appear in the register, they may not be entitled to legal rights, such as voting at meetings or receiving dividends.

3.      Failure to update share transfer information
 If shares are transferred but the register is not updated, the buyer may not be legally recognized as the shareholder.

4.      Fake or duplicate Share Certificates
 Without proper control systems, a company may accidentally issue certificates exceeding the registered number of shares, leading to serious consequences.

Did you know the Shareholders Register is admissible in court?

Courts give significant weight to the Shareholders Register as it clearly documents internal shareholder rights. Failure to maintain or inaccuracies in the register may heavily impact legal proceedings, such as:

  • Disputes over shareholding proportions
  • Appointment of directors or voting rights
  • Requests to annul meeting resolutions
  • Claims for past dividends

If your company is facing issues with Shareholders Registers or Share Certificates, consult a lawyer immediately.

Preparing these documents is not a minor clerical task—it is crucial to managing a company’s shareholder structure. Mistakes can affect ownership rights and corporate control.

Wongsakorn Law Office has a team of lawyers specializing in business and corporate law, ready to assist with preparing or correcting registers, issuing certificates, transferring shares, and resolving shareholder disputes in compliance with the law.

If your company is facing uncertainty regarding shareholding or wants to ensure legal compliance, we recommend seeking legal advice promptly to avoid turning small issues into major legal disputes.

Even though Shareholders Registers and Share Certificates may seem like just a few sheets of paper, legally, they carry the weight of defining who truly owns a company. Proper, systematic documentation is key to transparent and stable business management. consult a lawyer immediately.

General knowledge

Going to Court = True Justice? Unveiling What Many Don’t Know

Posted on by wongsakornsiri
07
Jul

Wongsakorn Law Office invites you to rethink the meaning of “justice,” which isn’t as simple as many assume.

In Thai society, when conflicts arise or harm is done, people often say, “Sue them!” or “Take it to court!” believing that going to court is the ultimate path to justice. Many believe that the injured or wronged party will always win in court.

But in reality, the legal system does not operate based on emotion. Courts don’t judge who hurts more, who is poorer, or who suffers more. Because going to court doesn’t always mean you’ll get justice.

Legal Justice vs the Victim’s Perspective

To most people, “justice” means the victim should be helped, or the injured should be compensated. While that perspective is valid and compassionate, the legal definition of justice relies on facts, evidence, and legal provisions.

No matter how much pain you’ve endured, if you lack evidence, witnesses, or clear facts, the court cannot rule in your favor.

Thus, going to court does not guarantee the outcome you expect. Many times, the person who suffers the most loses the case, while someone with better documents, evidence, or legal representation may win, even if they seem to be at fault.

Lawyers = Guides to Justice

 Some may think hiring a lawyer is an unnecessary cost. But in truth, lawyers know the law, the system, and how to turn “justice” into reality.

At Wongsakorn Law Office, we often help victims who tried to navigate the system alone and failed. Our lawyers assist from step one:

  • Case analysis
  • Evidence review
  • Document preparation
  • Strategic planning
  • Court representation So you’re never alone in your legal fight.

Go to Court with a Plan = Real Chance for Justice

 Going to court without a plan, team, or legal knowledge can lead to confusion, delays, and disadvantage. But with a skilled lawyer who understands your case and prepares professionally, your chances of success rise.

Justice doesn’t arrive by itself. It must be pursued.

Wongsakorn Law Office believes justice shouldn’t be reserved only for the wealthy or well-connected. We proudly serve:

  • Accident victims
  • Those whose rights were violated
  • Employees treated unfairly
  • People wrongfully sued
  • Anyone entering the legal system

We offer both legal and humane support so you don’t face injustice alone.

In Insurance Cases, Court Isn’t Easy—But With Insight, the Law is on Your Side

Handling an insurance case alone is difficult. Insurance companies often have legal teams before problems even occur. How can a victim feel confident navigating the system solo?

This system isn’t built for the inexperienced. That’s why a specialized insurance litigation lawyer is key. Wongsakorn Law Office has grown from years of fighting insurance cases. With extensive experience and knowledge of insurance company tactics, we help victims claim their rightful compensation.

What’s most important is consulting a lawyer immediately after an incident. Don’t wait. Starting correctly from step 1 ensures a steady path through steps 2, 3, and 4. Better than wasting time and losing rights or lifelong opportunities.

  • Going to court isn’t the final answer without preparation.
  • Justice requires evidence, law, and someone who understands the system.
  • A lawyer is your guide to achieving true justice.

If you’re facing legal issues and don’t know where to begin, contact Wongsakorn Law Office. We are ready to listen, plan, and help you move toward real justice.

Recover fully first

Who’s at Fault? Who Pays? Know Your Rights to Claim Compensation from Insurance Cases

Posted on by wongsakornsiri
01
Jul

Did you know? Car accidents are not just about vehicle damage or temporary injuries.
You may be entitled to claim compensation worth hundreds of thousands of baht if you know how to properly exercise your legal rights.

The Case Study: “Serious Injuries” and “Claim Compensation”

The case study we present today involves a victim riding a motorcycle who was suddenly cut off by a car turning in front of them, resulting in “serious injuries”.
Ultimately, the victim was able to “claim compensation” from the insurance company totaling 564,828.25 baht through arbitration proceedings.

Real Incident: Severely Injured by a Car Turning in Front

The victim was riding a motorcycle normally when suddenly a car coming from the opposite direction turned right abruptly cutting in front.
A severe collision occurred causing multiple bone fractures. The victim was hospitalized for 17 days and had to recuperate for over 2 months before regaining normal function.
Although the car involved had private insurance and the driver admitted negligence, the insurance company disputed responsibility and refused to pay the requested compensation, leading to arbitration.

What damages can the victim claim?

According to the Civil and Commercial Code Sections 438 and 444, victims of accidents have the right to claim various compensations including:

  • Medical expenses, both past and future
  • Nurse wages and caregiver travel costs
  • Loss of income during illness, such as income from side jobs
  • Compensation for non-monetary damages such as pain and loss of normal life

These rights are very important because they help the victim return to life as close to normal as possible without bearing the financial burden alone.

Arbitration Result: Insurance Company Must Pay According to Victim’s Rights
 The arbitrator examined all evidence and found the car driver clearly negligent, ruling that the insurance company must pay compensation as follows:

  • Medical expenses: 11,228.25 baht
  • Future medical expenses: 100,000 baht
  • Nurse wages and travel costs: 20,000 baht
  • Loss of income from side work: 33,600 baht

Compensation for physical and mental pain: 400,000 baht Total: 564,828.25 baht

Personal Opinion from the Team

 Even though the insured driver was a government official knowledgeable about the law and admitted fault,
the insurance company fought vigorously to deny responsibility. This shows that you should never be complacent even if the facts seem clear,
because insurance companies often dispute to reduce or avoid payment.

Another interesting point is about paying caregivers during illness.
Even if the victim has the caregiver’s ID card as proof, this is insufficient if the caregiver does not testify in person.
Incomplete evidence can lead courts or arbitrators to reject the claim immediately.

Don’t Be Complacent! You Have More Rights to Claim Compensation Than You Think
 Many mistakenly believe that if they have free medical care from the government, such as civil servants or social security,
they cannot claim money from the responsible party or insurance company.
In fact, these rights do not exclude each other!
You can still claim future medical expenses, loss of income, and compensation for physical and mental damages if you have evidence and valid explanations.

Why Should You Have a Lawyer for Insurance Cases?

Having a lawyer specialized in insurance cases helps you preserve your rights because the lawyer will assist you in every step, including:

  • Assessing the damages you can claim
  • Collecting and organizing evidence
  • Negotiating with the insurance company
  • Professionally filing a lawsuit in court or arbitration

Wongsakorn Law Office – True Experts in Insurance Cases

 We are ready to support you at every stage of your case, whether it is advising, gathering evidence, or claiming full compensation down to the last baht.
Whether you are a victim of a car accident, insurance case, or other tort cases, WongSakorn is the legal team you can trust.

Consulting a lawyer from the start is the way to avoid disadvantage against insurance companies.
If you or someone close to you experiences an accident, remember that you have the right to claim medical expenses, loss of income, and compensation—just prepare your evidence and exercise your rights fully under the law.

WongSakorn Law Office is here to support you in every accident and insurance case,
ensuring you receive full legal rights without omission or disadvantage.
If you want our legal team to help evaluate your case, gather documents, or proceed with compensation claims,
contact us immediately. Because true justice begins with knowing your rights and using them correctly.

Recover fully first

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

Posted on by wongsakornsiri
26
Jun

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

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

Which Types of Car Insurance Cover Dental Injuries?

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

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

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

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

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

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

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

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

Documents Required to Claim Dental Treatment

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

1.Copy of your insurance policy

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

3.Dental treatment receipts

4.Police accident report or daily log copy

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

6.Copies of your ID card and house registration

Key Tips Before Filing a Dental Claim

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

What to Do If Your Claim Is Denied

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

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

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

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

How Legal Help Can Make a Difference

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

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

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

Why You Should Consult a Lawyer Immediately?

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

Summary

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

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

Loss of use of vehicle

Car Accident Compensation: Why Filing with the OIC Might Not Work

Posted on by wongsakornsiri
24
Jun

Stay one step ahead of insurers—and protect your rights before it’s too late

When a road accident happens, many people assume that having insurance is enough. But in reality, claiming compensation—especially for “loss of use” of your vehicle—is not an easy matter. This often leads to lengthy disputes between the victim and the insurer. In many cases, even filing a complaint with the Office of Insurance Commission (OIC) may not yield results, especially if you lack legal knowledge or professional guidance.

Real Case Example: Ms. A Took Matters into Their Own Hands—and Lost

In a clear example, Ms. A was involved in a car accident on July 10, 2024, and their car required 240 days of repairs. When they filed for “loss-of-use compensation,” the insurer offered only THB 500 per day for 60 days, totaling THB 30,000. Believing it was unfair, they filed a complaint with the OIC themselves. The OIC mediated, and the insurer increased the offer to 70 days—THB 35,000—still far below their actual loss.

Mediation—or Persuasion?

Feeling unjustly treated, Mr./Ms. A then consulted Wongsakorn Law Office and spoke with Lawyer Arm, a specialist in insurance claims. But it was too late. Because the victim had initiated mediation before obtaining legal advice, they were at a disadvantage from the beginning.

Lawyer Arm explains:

“Mediation without knowledge often becomes persuasion—insurance companies come prepared with legal teams, negotiation tactics, even psychological strategies. If the victim lacks knowledge, they may agree to subpar deals, unknowingly giving up rights.”

Did You Know? You Can Claim More Than THB  500 Per Day!

Many believe “loss-of-use compensation” is capped at THB 300–500/day, but in truth, if you can prove actual financial loss—e.g., using the vehicle for business or delivery—you may claim THB 800–1,500 per day, depending on evidence and circumstances.

Key Point: Knowledge and Strategy Are Essential

Insurance companies often start with low offers. Without negotiation, proper documentation, or legal support, you risk losing deserving compensation.

Lawyer Arm’s Advice: Don’t Go to the OIC Alone if You’re Unsure

Many see the OIC as a last resort—which is true in theory. But in practice, if you go in without a plan or expert support, you might fall victim to what’s known as “rights-reducing mediation.” Insurers may use this stage to push you into accepting less, hoping to close the case quickly.

“If you intend to file with the OIC, hire a lawyer from the start—or at least seek legal advice beforehand.”
Once you’re at a disadvantage in OIC mediation, reversing or reclaiming your rights is extremely difficult, and you may lose them entirely.

Don’t Be Unnecessarily Disadvantaged!

🔍 Watch Lawyer Arm’s video tutorial series:

Key Takeaways

  • Don’t underestimate insurance companies—they have teams and tactics ready before any accident occurs.
  • You can claim more compensation than you may think.
  • Filing with the OIC without preparation may put you at legal disadvantage.
  • Consult an attorney from the start—that’s your best defense.
  • Don’t wait until you’ve lost your rights like Mr./Ms. A.

If you want to avoid going through a frustrating, unfair process, contact Wongsakorn Law Office today—or click “Contact Us” on their website.

Line @ คลิก! โทรหาเรา คลิก!