Loss of use of vehicle

Compensation for Loss of Use of a Vehicle: From an Offer of a Few Thousand Baht to a Court Judgment Awarding the Injured Party More Than 10 Times the Original Amount

Posted on by wongsakornsiri
05
Oct

When an accident causes damage to a vehicle, the injured party may face more than just vehicle repair costs. They may also be entitled to compensation for loss of use of the vehicle during the period when it cannot be used normally. However, many injured parties may not know how to claim compensation for this type of loss or how much they should claim. As a result, they often allow the relevant party’s insurance company to determine the amount of compensation without checking whether the offer is consistent with the actual damages suffered.

From an Offer of a Few Thousand Baht to Seeking Legal Advice and Pursuing a Case

In this example, the injured party was involved in an accident that damaged their vehicle and attempted to claim compensation directly from the other party’s insurance company. After submitting the claim, the insurance company offered only 7,xxx baht in compensation for loss of use of the vehicle, which the injured party felt did not correspond to the damages suffered.

As a result, the injured party searched for more information online and came across the Wongsakorn Law Firm YouTube channel. They watched content in which Lawyer Arm Supasit Siri explained how to claim compensation for loss of use of a vehicle. One key point was that the amount of 500 baht per day should not be understood as the maximum amount that an injured party can claim. The actual amount claimed must be considered based on the applicable criteria, facts, and evidence of each individual case.

Not Knowing the Law Does Not Mean You Have to Accept the Offer

After speaking with Lawyer Arm, the injured party decided to assign Wongsakorn Law Firm to handle the matter, as they believed that handling the matter themselves could have limitations in terms of legal knowledge, assessing the damages, and negotiating with the insurance company.

The key point is that injured parties should not assume that once an insurance company offers a certain amount of money, they must immediately accept it. Before making a decision, they should first check how much compensation for loss of use of the vehicle was actually incurred, what evidence supports the claim, and whether the offer they received contains any conditions or documents that could affect their right to make other claims.

In particular, if they are asked to sign a document to settle the claim, the injured party should carefully read the details. If they do not understand the contents, they should seek legal advice before making a decision.

Case Outcome: The Court Ordered the Insurance Company to Pay Compensation

After Wongsakorn Law Firm was assigned to handle the matter through the legal process, the case proceeded to court, and the court ultimately ruled that the insurance company, as the defendant, must pay compensation to the injured party in the amount of 87,000 baht, together with interest at a rate of 15% per year. The court also ordered the defendants jointly or alternatively to pay compensation to the plaintiff in an amount not exceeding 67,000 baht, together with interest at a rate of 15% per year.

In addition, the court ordered the defendants to reimburse the plaintiff for legal costs, including 3,000 baht in attorney’s fees and 5,000 baht in case expenses, as detailed in the judgment.

Another important point in this case is that the court awarded compensation for loss of use of the vehicle in the amount claimed by the plaintiff and awarded 20,000 baht for vehicle depreciation. As a result, the amount received by the injured party was significantly different from the initial offer of 7,500 baht.

Compensation for Loss of Use of a Vehicle Must Be Considered on a Case by Case Basis

It is important to understand that this example does not mean that every injured party will receive the same amount of compensation. Claims for compensation for loss of use of a vehicle must be considered based on the facts and evidence of each individual case, such as the type of vehicle, the period during which the vehicle could not be used, the repair period, the necessity of using the vehicle, and relevant documents.

Therefore, if an insurance company offers a certain amount of money, the injured party should first check how that amount was calculated and what reasons support it. Evidence regarding the repair period, the vehicle drop off receipt, receipts, travel expenses, or other relevant evidence may be important when assessing the damages.

In addition, if there are other damages, such as vehicle depreciation, they must also be considered separately based on the relevant facts and rights. Not all damages should be treated as merely vehicle repair costs.

Do Not Be Afraid to Exercise Your Legal Rights

In this case, Lawyer Arm Supasit Siri would like to remind injured parties that not knowing the law is not wrong. What is important is that once damages have occurred, they should not rush to accept an offer without fully understanding their own rights.

Accidents can happen to anyone. When an accident occurs, an injured party may need to deal with an insurance company that has staff and a systematic claims process. Therefore, consumers should learn about their rights, collect evidence from the beginning of the incident, and if they have any questions about an offer or documents they are required to sign, consulting a lawyer is another option for understanding their rights and the appropriate course of action.

Compensation for loss of use of a vehicle is therefore not something that injured parties should overlook, because in some cases, the actual damages may involve more details than the amount initially offered. This example therefore serves as another important lesson that before deciding to accept an offer from an insurance company, the injured party should carefully check their rights and the facts of the case.

If you have been involved in an accident, your vehicle has been damaged, and you wish to claim compensation for loss of use of the vehicle, or if you have questions about an insurance compensation offer, you can consult Lawyer Arm Supasit Siri of Wongsakorn Law Firm to assess the facts and determine the appropriate legal course of action immediately.

Know Your Rights, Know the Law, and Understand Your Rights When Claiming Compensation Consult Wongsakorn Law Firm

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Loss of use of vehicle

Loss of Use Compensation: Do You Really Have to Sign a Consent Form to Wait for Spare Parts? A Real Case from Wongsakorn Law Firm: Know Your Rights Before Dealing with an Insurance Company.

Posted on by wongsakornsiri
17
Jul

When a road traffic accident occurs, most people focus on getting their vehicle repaired and back on the road as quickly as possible. However, many policyholders overlook an important legal right—the right to claim Loss of Use Compensation. If a damaged vehicle cannot be used while it is undergoing repairs, the injured party may be legally entitled to compensation for the loss of its use. 

Based on the extensive experience of Lawyer Arm Supasit Siri of Wongsakorn Law Firm in handling insurance disputes, it has been observed that in many cases involving lengthy vehicle repairs, insurance companies ask consumers to sign documents consenting to wait for spare parts or agreeing to an extended repair period. Unfortunately, many consumers are unaware that signing such documents may later affect their legal rights, including their ability to claim Loss of Use Compensation or other forms of compensation available under the law.

Through this article, Lawyer Arm Supasit Siri shares insights drawn from actual cases handled by Wongsakorn Law Firm to shed light on legal issues that many consumers do not know. The goal is to help readers understand their legal rights before dealing with insurance companies and to avoid unintentionally waiving compensation to which they may be legally entitled.

Real Case: An Insurance Company Asked Our Client to Sign a Consent Form to Wait for Spare Parts

The case began when a client of Wongsakorn Law Firm was involved in a road traffic accident, and the damaged vehicle had to be repaired at an authorized service center.

During the repair process, a representative from the insurance company contacted Lawyer Arm Supasit Siri and stated that the client needed to sign a Consent to Wait for Spare Parts form, acknowledging and agreeing to the delay in repairs caused by the unavailability of spare parts.

Lawyer Arm immediately asked a straightforward question:

“If my client refuses to sign this document, will the insurance company still repair the vehicle?”

The insurance company’s response was:

“Yes, we will.”

Upon hearing this, Lawyer Arm asked a follow-up question:

“If the vehicle will be repaired regardless of whether the document is signed, why is my client required to sign it?”

The response was:

“It is simply to acknowledge that the customer has been informed.”

However, the key question remains:

Is the document truly intended only to acknowledge that the customer has been informed, or could it also affect the customer’s right to claim Loss of Use Compensation or other legal entitlements at a later stage?

Why Should You Carefully Consider Before Signing Such a Document?

In practice, the contents of these documents vary from case to case. If a document contains provisions relating to consenting to repair delays, agreeing to wait for spare parts, or other terms that may affect your legal rights, consumers should carefully read and fully understand every provision before signing.

Such documents may later be relied upon as evidence or referenced in the event of a dispute. Whether they affect your legal rights will depend on the specific wording of the document and the facts of each individual case.

For this reason, before signing any document, an injured party should ensure they fully understand its contents. If there is any uncertainty about the legal implications, it is always advisable to consult a lawyer before signing, in order to avoid unintentionally affecting any legal rights or potential claims.

What Is Loss of Use Compensation? 

Loss of Use Compensation refers to damages arising from an owner’s inability to use their vehicle while it is being repaired following an accident for which another party is legally responsible.

In other words, if your vehicle cannot be used during the repair period because of an accident caused by someone else, you may be legally entitled to claim compensation from the at-fault party or their insurance company for the loss of use.

For example:

  • A vehicle used for commuting to and from work
  • A vehicle used to transport children to and from school or other activities
  • A vehicle used for business purposes
  • A vehicle used to meet or transport clients
  • A vehicle used in the company’s day-to-day operations

When a vehicle cannot be used, the owner inevitably suffers inconvenience or financial loss. Accordingly, the law allows an injured party to claim compensation for such loss, subject to the facts of the case and the applicable legal principles. 

Why Do So Many People Unknowingly Lose Their Legal Rights? 

Based on the experience of Wongsakorn Law Firm, many accident victims focus primarily on getting their vehicle repaired as quickly as possible.

However, during the repair and insurance claims process, they are often asked to sign several documents. Many people simply assume:

  • “I’ll just sign it first.”
  • “The insurance representative told me to sign it.”
  • “It probably won’t affect anything.”

Unfortunately, when they later attempt to claim Loss of Use Compensation, those previously signed documents may become a point of dispute or be relied upon in the claims process.

This is why it is essential to carefully read and fully understand any document before signing it. A seemingly routine signature may later have significant implications for your legal rights and entitlement to compensation.

Key Point to Know: Insurance Companies Have Legal Support from Lawyers from the Very Beginning.

From the perspective of Lawyer Arm Supasit Siri, insurance companies operate through established procedures, internal systems, and with the support of legal counsel who provide advice throughout the claims process.

By contrast, most consumers are dealing with a traffic accident for the first time and may not fully understand their legal rights or the legal implications of the documents they are asked to sign.

Seeking legal advice is therefore not about creating unnecessary conflict. Rather, it enables injured parties to fully understand their rights and make informed decisions based on a complete understanding of the legal consequences before signing any document or proceeding with an insurance claim.
If You’re Involved in a Car Accident, Consult a Lawyer from Day One 

Many people wait until a dispute arises with an insurance company before seeking legal advice.

However, based on the experience of Wongsakorn Law Firm, obtaining legal guidance immediately after a traffic accident allows the matter to be handled in a structured and strategic manner, helping to protect your legal rights from the outset. This may include:

  • Preserving and collecting relevant evidence
  • Communicating and dealing with the insurance company
  • Reviewing documents before signing
  • Monitoring the vehicle repair process
  • Protecting your right to claim Loss of Use Compensation
  • Assessing the damages you may be entitled to recover under applicable law. 

Planning from the outset can significantly reduce the risk of unintentionally losing your legal rights.

A traffic accident does not end once the vehicle is sent for repairs. It may involve several legal rights that an injured party is entitled to pursue, particularly Loss of Use Compensation and Diminution in Value claims. Unfortunately, many people unknowingly compromise these rights by signing documents without fully understanding their legal consequences.

If you are currently experiencing issues with an insurance company—such as being asked to sign documents, agreeing to wait for spare parts, dealing with repair delays, claiming Loss of Use Compensation, or seeking compensation for your vehicle’s diminished value—do not rush to sign any document before carefully reviewing its contents. Understanding the legal implications in advance can help protect your rights and avoid unnecessary disputes later.

Wongsakorn Law Firm is ready to provide legal advice and help you develop an appropriate legal strategy from the very first day after a traffic accident. Our goal is to ensure that you fully understand your legal rights and can make informed decisions at every stage of the claims process.

Rather than waiting until a dispute arises, early legal planning can significantly reduce the risk of unintentionally losing the rights and compensation to which you may be legally entitled.

To consult Lawyer Arm, please click “Contact Us.” 

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