One of the common strategies used by many insurance companies to avoid paying compensation to policyholders is by claiming a retroactive blood alcohol level, even when the insured driver was not over the legal alcohol limit at the time of driving. This issue is highly controversial and has led to many disputes, causing prolonged hardship and damage to numerous victims or insured parties.

This often leads to confusion among victims Who question: If the breathalyzer test shows a blood alcohol content below 50 milligrams percent as allowed by law. Why does the insurance company still deny liability? And why is it better to let an experienced insurance litigation lawyer handle the process instead of managing it yourself?

This article from Wongsakorn Law Office aims to answer these questions by providing clarity and showcasing real case studies.

Real Case: A Victim Treated Unfairly by an Insurance Company

In this case, our client experienced an accident and admitted to consuming a small amount of alcohol—but not exceeding the legal limit. At the scene, the driver cooperated fully and took a breathalyzer test, which confirmed a result under 50 mg%, within legal limits.

Yet, the insurance company exploited a legal gray area. Despite the test result being legal, they refused to pay, citing “retroactive alcohol level calculation,” claiming that the driver’s BAC (blood alcohol content) must have been higher at the time of the accident. They made this assumption without any scientific or medical basis.

When the Victim Was Denied Justice, a Lawyer Stepped In?

The client assigned Wongsakorn Law Office to handle the case. We started by sending a formal Notice to the insurer. Still, they denied responsibility using the same flawed reasoning.

We escalated the issue to the Office of Insurance Commission (OIC), but OIC disappointingly replied that they had no authority to settle the dispute, leaving victims without reliable government recourse.

Court: The Final Hope for Justice

With no help from regulatory bodies, we filed the case in court. After thorough examination of the evidence and witness testimonies, the court ruled that the insurance company must pay compensation.

The judgment made it clear: retroactive alcohol calculation is not scientifically valid and cannot be used as a legal defense.

Why Is This Tactic a Dangerous Trap?

Many don’t realize that retroactive alcohol calculation is a common tactic among insurers. Our law firm has seen nearly every company use this to deny claims especially when victims don’t have legal counsel.

Without a lawyer, many victims give up their rights unknowingly and suffer unnecessary losses.

Which Companies Use This Tactic?

Sadly, almost all insurance companies have used this technique when they see that victims lack legal support. It’s a way to reduce company risk while unfairly shifting the burden onto customers.

Without a lawyer, policyholders are at the mercy of the insurer, with no checks or balances.

Protect Yourself from “Retroactive Alcohol Level” Tactics

If the victim in this case didn’t have a lawyer, the result might have been unjust even though the truth was on their side. That’s why having a legal expert on your side isn’t just about claiming rights, it’s about protecting them.

Don’t let this tactic become a systematic tool for companies to avoid payouts. Be informed, and get proper legal help when needed.

Talk to a Lawyer Now if You’ve Been a Victim of Retroactive Alcohol Claims

Car insurance shouldn’t just give you peace of mind, it should come with awareness of insurer strategies. If you or someone you know is facing denial of a claim based on this tactic, don’t delay. Consult with a lawyer.

The legal team at Wongsakorn Law Office has direct experience handling insurance disputes and is ready to protect your legal rights. If you need help with a case involving “retroactive alcohol calculations,” click to contact us.

In the world of insurance, particularly in traffic accident cases, the interpretation of policy conditions often becomes a critical issue that can lead to disputes between insurance companies and policyholders. One case that clearly illustrates this problem involved an insurer denying liability by citing a “retrospective calculation of blood alcohol content (BAC),” even though the actual test result was within the legal limit. The court ruled that the insurer’s denial was unjustified and ordered the company to pay full compensation in accordance with the terms of the policy.

Accident and Legal Dispute: Retrospective Alcohol Calculation at the Center of Insurance Claim Denial

The case stems from a serious accident that occurred on February 9, 2024, involving a pickup truck with license plate 2 XX 3456, Bangkok. The vehicle was heavily damaged in the crash, with three passengers seriously injured and one fatality. The plaintiff, who is both the vehicle owner and the insured party, advanced medical and funeral expenses on behalf of the victims and their families.

The truck was covered by both mandatory and voluntary motor insurance policies. Defendant No. 1 is the compulsory insurance provider, responsible for coverage under Thailand’s Motor Vehicle Accident Victims Protection Act, while Defendant No. 2, Company 1234 Public Co., Ltd., is the voluntary insurer, liable for damages including vehicle repair, loss of use, medical expenses, and death compensation according to the insurance policy.

However, when the plaintiff submitted a claim to Defendant No. 2, it was rejected. The company cited that the driver allegedly had a blood alcohol content (BAC) above the legal limit, based on retrospective calculation methods using partial data. This was despite an official hospital test result confirming that the driver’s BAC was only 37 milligrams percent—well below the legal threshold of 50 milligrams percent.

The controversy now centers on whether such retrospective estimations can legally override verified medical test results, and whether the insurer’s refusal constitutes a breach of contract and consumer rights.

Dispute Over Facts and Legal Grounds: 

The plaintiff has strongly contested the insurer’s rejection of the claim, arguing that it lacks both legal and scientific merit. Key points raised by the plaintiff include:

• No scientifically valid retrospective test was conducted by the defendant.
  
• The insurer had no access to the driver’s BMI or relevant health data necessary for an accurate alcohol metabolism calculation.
  

The investigating police officer did not file any DUI charges against the driver, indicating that authorities did not consider the driver intoxicated at the time of the accident.

The plaintiff contends that the insurer’s reliance on a retrospective blood alcohol content (BAC) calculations is merely a pretext to evade responsibility, contradicting both the factual evidence and applicable legal standards.

As a result, the plaintiff appointed legal counsel to formally request supporting documents and follow up with the defendant. However, the defendant ignored all inquiries, failed to respond, and withheld evidence, leaving the plaintiff no choice but to bring the matter before the court for adjudication.

Court Ruling Establishes Insurer’s Liability in Dispute Over Accident Claim

After a thorough review of the evidence and testimony presented, the court issued a final ruling holding Thai Vivat Insurance Public Company Limited (Defendant No. 2) liable for compensation to the plaintiff, with the judgment detailing the following:

1. Vehicle Damage Compensation:
   The insurer must pay for the damages to the vehicle under the terms of the voluntary motor insurance policy, specifically under the “Own Damage” section, up to the insured amount stated in the policy.
   ▸ Alternatively, the company may opt to repair the vehicle to its original condition.
   
2. Towing Fee:
   The insurer must pay 10,500 THB for towing, along with 15% annual interest, calculated from March 6, 2023, until full payment is made.
   
3. Vehicle Storage Fee:
   The insurer must pay 10,000 THB per month from the filing date (June 18, 2024) until the compensation is fully paid or the vehicle is removed from storage.
   ▸ However, the total amount for towing and storage shall not exceed 20% of the repair cost.
   
4. Legal Representation:
   The insurer must pay 5,000 THB in attorney’s fees to the plaintiff.
   
5. Court Fees:
   The insurer is responsible for court fees based on the portion of the claim awarded to the plaintiff.
   
6. Compulsory Insurance Claim (Defendant No. 1):
   The court dismissed the case against the compulsory insurance provider, ordering each party to bear its own legal costs.
   
7. Other Requests:
   All additional claims by the plaintiff were dismissed.

Don’t Wait Until You’re a Victim! Seek Legal Advice if Faced with Retrospective Alcohol Calculations in Insurance Claims

This case serves as a powerful example of how insurers may wrongfully use “retrospective blood alcohol content (BAC) calculations” without valid scientific or legal grounds. Such practices not only lack credibility but may also violate principles of fairness and due process.

If an official alcohol test conducted by a certified medical facility shows that the BAC is within the legal limit, and if no charges were filed by the investigating officer, an insurance company cannot lawfully rely on retrospective estimates to deny a claim.

retrospective blood alcohol content (BAC) calculations results without clear scientific evidence should not be allowed as a justification to avoid liability. Doing so may unfairly deprive policyholders of their rights and potentially expose the insurance company to legal consequences.

This case reaffirms a critical principle: insurance contracts must be interpreted based on facts and evidence—not speculation or unsupported assumptions. Insurers are obligated to comply with the terms of the policy strictly, without discrimination or unjustified denials of coverage.

If you are facing issues related to insurance claims or retrospective alcohol calculations, we strongly recommend consulting with a qualified legal professional. Protect your legal rights before it’s too late.

If you or someone you know has encountered a similar situation, don’t stay silent—your silence may be interpreted as acceptance of injustice.
📲 Contact a lawyer via LINE: @Wongsakorn or click Contact Us.

In the world of car insurance, policyholders generally expect that when unforeseen incidents occur, the insurance company will fulfill its duty to provide assistance and fairly compensate for any damages. However, reality doesn’t always align with such expectations. One particularly notable case involves an insurance company that cited retroactive alcohol test results as grounds to deny a claim, despite lacking clear evidence. Ultimately, the dispute escalated to a court battle.

A Cautionary Case: How It Began – The Accident and Insurance Denial

The incident began when a policyholder was involved in a car accident that caused significant damage to the vehicle. Under standard insurance obligations, the company is expected to inspect the damage, assess the situation, and arrange for timely repairs to restore the vehicle to its original condition.
However, instead of providing coverage, the insurance company issued a formal letter denying the claim, citing the reason that “the driver’s blood alcohol level exceeded 50 milligrams percent at the time of the incident.”

When Evidence Is Unclear: No Actual Test Results at the Time of the Incident

Although it may seem that the insurance company was following the terms of the policy, upon closer examination, several uncertainties emerge. The company was unable to provide clear evidence of an alcohol test conducted at the time of the accident. Furthermore, they could not confirm that the testing equipment was certified to meet the required standards, nor was there a signature from the driver on the document confirming the test results.

Key Issue of the Case: Retroactive Alcohol Testing Without Evidence

The key issue in this case revolves around the insurance company’s practice of retroactively counting alcohol levels without any evidence of an actual alcohol test conducted at the time of the incident. This approach contradicts the directive issued by the Registrar’s Order No. 66/2563, which clearly states that the exclusion of liability based on alcohol conditions must be assessed based solely on the time of the incident.

Not Waiting to Be Exploited: Lawyer Takes Immediate Action

When the policyholder realized they were not being treated fairly, they reached out to Wongsakorn Law Office for assistance. The lawyer then took immediate steps to assert the policyholder’s rights by sending a formal letter demanding compensation from the insurance company. The letter referenced the regulations of the Office of Insurance Commission (OIC), stating that the insurance company’s delay or disregard in processing the claim violated the standards set under the Non-Life Insurance Business Act, B.E. 2566.

Court Ruling: Insurance Company Must Compensate

Ultimately, the case was brought to court, where all the evidence was considered. The court ruled in favor of the plaintiff, stating that the insurance company’s claim of retroactive alcohol testing without evidence to confirm the driver’s status at the time of the incident was an unlawful denial of liability.

Court Orders Compensation of Nearly 620,000 Baht, Including:

• Car repair costs: 550,000 Baht, with 15% annual interest
  
• Towing fees: 4,500 Baht
  
• Loss of use of the vehicle: 50,000 Baht
  
• Medical expenses: 5,506.69 Baht
  
• Legal fees: 10,000 Baht

Key Lesson from This Case: Consumers Should Consult a Lawyer Immediately After an Incident

This case clearly illustrates that consumers are at a disadvantage when dealing with insurance companies that seek to avoid liability using vague excuses, such as retroactive alcohol testing, without proper and clear supporting evidence.
This serves as another example emphasizing the importance for policyholders to have a lawyer who understands insurance law to provide advice and help pursue legal action if they are being taken advantage of.

Experienced Insurance Lawyer : When Insurance Companies Cite Retroactive Alcohol Testing – Wongsakorn Law Office

Wongsakorn Law Office is a law firm with extensive experience and expertise in insurance litigation, particularly in cases where insurance companies deny liability by citing retroactive alcohol test results without scientific evidence to support the claim. With our experience, we have never lost a case of this nature. If you or someone close to you has encountered a similar issue, don’t give up. We highly recommend consulting a lawyer as soon as possible, so you can fully exercise your legal rights and demand fairness.

 Moreover, it is crucial to have a lawyer from the very beginning. In reality, insurance companies have lawyers ready to fight from the moment the accident happens. So, why shouldn’t you have a lawyer from the moment the incident occurs?
Don’t wait until it’s too late and end up with nothing — consulting a lawyer right away is the best solution. >>Contact us<<