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.

General knowledge

Why Having a Legal Advisor During Company Formation Is Essential and How It Covers Every Issue?

Posted on by wongsakornsiri
05
Nov

Starting a business is not only about having a great “idea” or sufficient “capital.”
One crucial factor that many entrepreneurs often overlook is having a “legal advisor” or a “corporate legal consultant” from the very beginning of the company formation process.
A professional legal advisor helps your business grow sustainably and minimizes potential legal risks in the future.

This article explains why having a legal advisor during company setup is beneficial and how they can help you handle every potential problem before it occurs.

Why is a Legal Advisor Important from the Start?

Many people think lawyers are only needed after problems occur, but in reality, a legal advisor plays a vital role from the earliest stage of business planning.
Company formation involves various legal documents and procedures, such as:

  • Choosing the right business structure (limited company, partnership, public company, etc.)
  • Registering the company with the Department of Business Development
  • Drafting agreements between shareholders or investors
  • Designing internal management and accounting systems

Without proper legal guidance, entrepreneurs may face future conflicts, such as shareholder disputes, unfair benefit sharing, or invalid documents issues that are costly and difficult to correct later.

A successful business begins with a strong foundation and reliable legal advice.

1. Structuring Your Company Correctly from the Beginning

A legal advisor can help design your company’s legal structure to fit your business type, for example:

  • Deciding between a limited company or limited partnership
  • Fair share allocation among investors
  • Defining clear powers between directors and shareholders
  • Drafting Articles of Association and company regulations

Setting the right foundation prevents internal conflicts and ensures smooth long-term operations.

2. Preventing Legal Risks Before They Happen

During company formation, many business owners unintentionally make mistakes such as using a duplicate company name, signing a vague joint venture contract, or signing documents with hidden obligations.

A legal advisor will help you review and prevent legal risks in advance, ensuring that every step complies with the law.

Examples include:

  • Reviewing documents from foreign investors
  • Checking tax agreements
  • Preventing intellectual property infringement (trade names, logos, trademarks)

Without a legal advisor, these small oversights can lead to financial and reputational damage later.

3. Drafting Clear and Fair Contracts

Another essential role of a legal advisor is drafting and reviewing business contracts, including:

  • Shareholder agreements
  • Employment contracts
  • Lease agreements
  • Sales and supplier contracts

Having a legal advisor ensures that every agreement is fair, secure, and legally sound because a contract is not just a piece of paper, but a powerful tool that prevents future disputes.

4. Advising on Tax and Accounting Compliance

New companies often make tax-related mistakes due to lack of knowledge.
A legal advisor can guide you through the correct tax and accounting setup, including:

  • Preparing accurate tax reports
  • Getting ready for Revenue Department audits
  • Implementing a proper documentation system

Having an advisor from the start reduces the risk of unnecessary fines and overpayments.

5. Your Legal Partner and Strategic Advisor

A legal advisor is not just a contract drafter but also a strategic partner who understands both your business and the law.
They can advise on:

  • Business decisions with legal consequences
  • Branch expansion or joint ventures
  • Employment and labor law risks

A good legal advisor doesn’t wait for problems to arise; they analyze, foresee, and prevent them, helping you make informed, confident decisions at every step.

Long-Term Benefits of Having a Corporate Legal Advisor

Even if your company doesn’t face legal problems initially, having a corporate legal advisor as your long-term partner helps you:

  • Prevent partner or client disputes
  • Reduce litigation risks
  • Strengthen credibility in negotiations
  • Manage contracts systematically
  • Stay updated on new laws affecting your business

Simply put, a legal advisor is one of the most valuable assets a business owner can have because law is the framework that keeps your company stable.

A Legal Advisor Is an Investment, Not an Expense

Some may see hiring a legal advisor as an additional cost, but it is actually a long-term investment in your company’s safety and sustainability.

With a trusted advisor, you can be confident that:

  • Every document complies with the law
  • Every agreement is well-structured
  • Every decision is legally secure

A successful business begins with a strong foundation and reliable legal advice.

If you are planning to start your company and need professional legal consultation,
Wongsakorn Law Office has experienced corporate legal advisors ready to guide you through every step. Contact us at +66 62-195-1661 or click >> Contact Us <<

Because “having the right advisor is the first step toward a stable business.”

General knowledge

When Your “Photo” Is Used Without Permission – Can You Sue?

Posted on by wongsakornsiri
22
Oct

Today, a “photo” is not just an ordinary image, it’s a form of digital property that carries both personal and commercial value. Many people share their photos online whether it’s selfies on social media or product images for business but a recurring issue is the unauthorized use of photos, especially in harmful or illegal ways, such as:

  • Using your picture to promote online gambling websites
  • Using your image in product advertisements without consent
  • Editing or manipulating your photo to cause defamation or misunderstanding

These acts are not trivial. They constitute a violation of image rights (Right of Publicity / Right of Image) and may even fall under criminal offenses.

Your Right to Your Own Image

Under Thai law, any photograph that clearly shows your face or likeness is considered personal data and part of your right to privacy.
No one can legally publish or use it without your consent whether for commercial purposes (advertisements, endorsements) or public display (websites, social media posts, etc.).

If someone uses your image without permission, especially in a way that harms your reputation, such as appearing on a gambling website or being linked to offensive content you are legally entitled to sue for damages under both civil and criminal law.

Relevant Laws When Someone Uses Your Photo Without Consent

1. Civil and Commercial Code, Section 420

“Whoever willfully or negligently causes damage to another person by an unlawful act shall compensate for the injury caused.”

This means if someone uses your photo and it damages your reputation, job opportunities, or emotional well-being for example, people mistakenly believe you’re associated with a gambling site you may file a lawsuit for damages as a civil tort.

2. Personal Data Protection Act (PDPA)
 Any photo that identifies a person is considered personal data. Using or sharing it without consent violates the PDPA, which carries civil, administrative, and even criminal penalties.

3. Criminal Code, Sections 326 & 328 (Defamation)
 If your image is used in a way that makes people despise or ridicule you such as being edited inappropriately or linked with immoral or illegal content the perpetrator may be prosecuted for defamation by publication, punishable by up to 2 years in prison or a fine up to 200,000 baht, or both.

4. Computer Crime Act, Section 14
 Uploading or distributing your photo online with false or misleading information that damages your reputation may result in up to 5 years imprisonment, a fine up to 100,000 baht, or both.

What Should You Do If You Discover Your Photo Was Used Without Consent?

1. Collect Evidence Immediately
 Take screenshots of the website, post, or ad that used your image including date, time, URL, and context for use as evidence in police or court proceedings.

2. Request Content Removal
 Contact the website owner or platform (Facebook, Instagram, TikTok, Google, etc.) to request content removal. Provide proof that you own the image, such as the original file or post.

3. File a Police Report
 You can report the violation to your local police or the Technology Crime Suppression Division (TCSD). Possible charges include violations of the Computer Crime Act or defamation.

4. Consult a Lawyer for Civil Action
 If the incident caused financial loss, emotional distress, or reputational harm, your lawyer can assess damages and file a civil lawsuit for compensation.

Don’t Underestimate “Just One Photo”

In the digital age, a photo represents your identity, credibility, and social image.
If someone uses your image for illegal advertising or defamation, it not only ruins your reputation but can also lead to serious misunderstanding or criminal implication.

Do not ignore or try to handle it yourself missteps could lead to lost legal rights or missing evidence.

Consult a Lawyer to Protect Your Image Rights

If you find out that your photo has been used on gambling websites, online ads, or manipulated in harmful ways, don’t act alone.
Each case may involve different legal areas criminal, civil, and data protection.

Consulting a lawyer early helps you:

  • Identify which laws apply to your case
  • Prepare proper evidence
  • File for compensation or press charges effectively and lawfully

Wongsakorn Law Office

We have a team of expert lawyers specializing in technology and tort law, ready to assist you in cases involving unauthorized photo use.
Our goal is to ensure you receive justice and full protection of your image rights.

 Don’t let your photo become a weapon against you, let us legally defend your right to your image.

Loss of use of vehicle

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

Posted on by wongsakornsiri
21
Oct

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

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

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

Understanding “Lump-Sum Repairs” in the Insurance Industry

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

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

Common problems include:

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

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

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

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

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

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

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

Lawyer Arm explains:

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

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

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

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

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

Why Should You Consult a Lawyer from the Start?

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

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

Consulting a lawyer early ensures that you:

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

The Insurer’s Right Exists But It Must Be Fair

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

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

WongSakorn Law Office

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

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

General knowledge

Employee Damages Company Systems: How Can Employers Sue Under Section 12/1? What Are Their Rights?

Posted on by wongsakornsiri
20
Oct

In today’s digital era, every business relies heavily on computer systems, databases, and technology. Damage caused by data loss or system destruction doesn’t just interrupt day-to-day operations it can result in severe business consequences, including the loss of major clients, the collapse of multi-million-baht deals, or long-term reputational harm.

But what if this damage is caused by the company’s own employee? Particularly in cases where a disgruntled employee deliberately damages the system, what legal actions can the employer take?
And how can the employer file a case that falls under Section 12/1 of the Computer Crime Act B.E. 2550 (2007)?

When an Employee Damages the Company’s Computer System?

Suppose Mr. A, an IT staff member responsible for managing the company’s client database, becomes dissatisfied after a dispute with management. Out of anger, he uses his authorized system access to delete the entire client database and changes the login password to lock everyone else out.
The result: all customer data is lost, multi-million-baht business deals collapse, and company operations come to a halt. This isn’t merely a case of “data loss” , it’s a severe blow to the company’s reputation and credibility.

Such an act constitutes a computer-related offense committed by an employee, falling directly under Section 12/1 of the Computer Crime Act.

Understanding Section 12/1 Before Filing a Lawsuit

Reference: Computer Crime Act (No. 2) B.E. 2560 (2017)

Section 12:
 If any offense under Section 5, Section 6, Section 7, Section 8, or Section 11 is committed against computer data or a computer system related to the national security, public safety, economic stability of the country, or any critical public infrastructure,
the offender shall be liable to imprisonment for a term of one to seven years and a fine of twenty thousand to one hundred and forty thousand baht.

If the offense under the first paragraph causes damage to such computer data or computer system,
the offender shall be liable to imprisonment for a term of one to ten years and a fine of twenty thousand to two hundred thousand baht.

If the offense under Section 9 or Section 10 is committed against computer data or a computer system as mentioned in the first paragraph,
the offender shall be liable to imprisonment for a term of three to fifteen years and a fine of sixty thousand to three hundred thousand baht.

What Can the Employer Do?

Employers can pursue both criminal and civil actions as follows:

1.File a Criminal Complaint Under Section 12/1
 The employer can report the case to the police, supported by evidence such as:

o    System access logs

o    Proof of data deletion or alteration

o    Witness statements or written communications showing intent

The offender may face up to 5 years’ imprisonment, a fine up to 100,000 baht, or both.

2.File a Civil Lawsuit for Damages
 The employer can also claim compensation for:

o    Loss of business opportunities

o    Costs to repair or recover data

o    Reputational damage

The employer must prove that the damages were directly caused by the employee’s intentional act.

3.Take Disciplinary Action
 If the employee is still under employment, the company may terminate without compensation, under Section 119 of the Labour Protection Act B.E. 2541, which allows dismissal for serious misconduct causing employer’s damage.

Proving “Intent” Is Key

The court will focus on the employee’s intent.
If the damage was accidental for instance, due to technical error it may not fall under Section 12/1.
However, deliberate actions such as:

  • Deleting critical data,
  • Blocking system access, or
  • Corrupting important files
    clearly demonstrate intent to cause harm and are punishable under the law.

What Employers Must Be Careful About?

Even if the damage is serious, all actions against employees must comply with labor laws.
Wrongful dismissal without sufficient evidence can result in counterclaims.
Also, unauthorized access to an employee’s private accounts could violate personal data protection laws.
Therefore, it is crucial to let a qualified lawyer handle evidence collection and procedural steps from the start.

Why Should Employers Consult a Lawyer Early?

This type of case involves three areas of law:

  • Criminal law (computer-related offenses),
  • Civil law (claims for damages), and
  • Labor law (employee rights).

If handled incorrectly, employers might lose legal advantage or face additional lawsuits.
A lawyer ensures the case aligns properly with Section 12/1 and maximizes the employer’s legal protection.

Don’t Handle It Alone-Consult a Lawyer First

When an employee causes damage to your company’s computer system whether intentionally or in a moment of anger do not attempt to handle it on your own.
 These cases are legally complex, and employees remain protected under labor law.

Consulting an experienced lawyer helps determine:

  • The proper legal charge,
  • How to preserve evidence, and
  • How to file effectively under Section 12/1.

Wongsakorn Law Office offers legal consultation and representation for employers and companies harmed by employee misconduct.
Our team of experts specializes in labor law and computer-related cases ensuring your rights and your company’s interests are fully protected.

👉 Consult our lawyers before taking any action to protect your company’s future.

General knowledge

What Is a Notary Public and Why Is It Important in Law?

Posted on by wongsakornsiri
15
Oct

In today’s globalized world where business, travel, and cross-border transactions are increasingly common, documents play a crucial role in confirming rights, duties, and credibility between individuals or organizations.
However, for these documents to be legally recognized across countries, they must be authenticated by an authorized official. In Thailand, that official is known as a Notary Public.

You may have heard of this term when applying for visas, certifying translations, or preparing documents for use abroad. But who exactly is a Notary Public, what do they do, and why are their services essential?
This article will explain in simple terms and introduce the Notary Public service from Wongsakorn Law Office, available across Bangkok and nearby provinces, providing certified documents within one day.

What Is a Notary Public?

A Notary Public in Thailand refers to a licensed lawyer authorized by the Lawyers Council of Thailand to certify documents and signatures for international legal use.

Their role is governed by the Regulations of the Lawyers Council on Document and Signature Certification (B.E. 2557), which allows only trained and certified lawyers to sign and seal documents as Notary Publics.

Main Duties of a Notary Public

A Notary Public is responsible for authenticating various legal documents, including:

1.Signature Certification – Verifying that the person signing is the true owner of the signature, such as for contracts, power of attorney, employment certificates, or invitation letters.

2.Certified True Copies – Confirming that a copy matches the original document (e.g., passport, ID card, house registration, company certificate, or official record).

3.Translation Certification – Certifying that an official translation (e.g., marriage certificate, academic transcript, or contract) is accurate for embassy or foreign use.

4.Power of Attorney Certification – Used when someone abroad authorizes another person to act on their behalf in Thailand (e.g., property transactions, government filings, or banking matters).

5.Affidavit or Declaration Certification – Used in some cases for submission to foreign courts or international organizations.

Why Do You Need a Notary Public?

A Notary Public’s certification confirms the authenticity and legitimacy of both the document and the signer under Thai law making it valid for use abroad.

Without a Notary Public’s endorsement, foreign agencies or embassies may reject or invalidate your document, causing unnecessary delays and expenses.

Common situations requiring Notary Public certification include:

  • Visa or nationality applications
  • Study or work abroad
  • Banking or investment transactions with foreign institutions
  • Cross-border property purchases
  • Overseas company registration or contracts with foreign investors

Difference Between Notary Public and Government Certification

While government agencies such as the Ministry of Foreign Affairs (MFA) also provide document authentication, their process can be lengthy and complex.

A Notary Public, on the other hand, can complete certification within one day, and their endorsement is accepted by most embassies, multinational companies, and international organizations especially before applying for an Apostille or further legalization at the MFA.

In short, a Notary Public is the first essential step to ensure your Thai documents are legally recognized overseas.

How to Choose a Reliable Notary Public

Since unauthorized individuals sometimes pose as Notary Publics, you should always verify that:

  • The certifier is a licensed lawyer authorized by the Lawyers Council of Thailand.
  • The seal includes the lawyer’s full name, registration number, and Notary Public license number.
  • The document is signed and formatted according to legal standards.

Proper certification prevents embassy rejection or document delays.

Wongsakorn Law Office  One-Day Notary Public Service in Bangkok and Metropolitan Areas

Wongsakorn Law Office provides Notary Public services by lawyers officially licensed by the Lawyers Council of Thailand.

Our comprehensive services cover:

  • Signature, document, and translation certification
  • Power of attorney and business document notarization
  • Embassy and international submission certification

We understand that time is crucial for clients using documents abroad.
Simply bring your original documents and ID (or passport) to our office, and you’ll receive Notary-certified documents within one day.

Our legal team will guide you through every step from reviewing your documents and formatting them correctly to preparing for embassy or foreign submissions.

A Notary Public is the key to ensuring your documents are “valid worldwide.”

Whether for business, study, or work overseas, notarization guarantees credibility and international acceptance.

If you’re in Bangkok or nearby provinces and need fast, lawful notarization Wongsakorn Law Office is ready to assist you with complete, accurate, and one-day service.

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.

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.

Line @ คลิก! โทรหาเรา คลิก!