Drunk Driving Cases

Retroactive Alcohol Calculation: Why Policyholders Must Be Careful and Why Having a Lawyer Matters

Posted on by wongsakornsiri
12
Dec

“Don’t drink and drive” is a principle well known in our society. Thai law clearly states that if a driver’s blood alcohol level exceeds 50 milligrams percent, it is immediately considered “driving under the influence.” Those who exceed the legal limit may face both criminal and civil liabilities, including possible impacts on their right to claim insurance compensation.

However, in practice, many cases raise significant concerns, particularly regarding “retroactive alcohol calculation,” a technique or strategy used by some insurance companies to deny claims. This occurs even when the policyholder was not tested at the legally required time or was never informed that a “retroactive calculation” would later be used to assess liability.

This article from Wongsakorn Law Office explains what retroactive alcohol calculation is, why policyholders should be cautious, and why having a lawyer from the beginning is an essential safeguard in legal disputes and claim negotiations.

What Is Retroactive Alcohol Calculation?

Normally, alcohol testing must be conducted as close to the incident as possible because alcohol levels in the body constantly change due to absorption and elimination.

However, in certain cases, insurance companies use “retroactive calculation” to estimate the alcohol level at the time of the incident even when:

  • the driver was not tested immediately,
  • test results were obtained hours later,
  • the insurance company never disclosed such a method in the policy, or
  • the policy did not clearly specify this condition.

This places policyholders at a significant disadvantage, as the insurer can easily use retroactively calculated figures to deny liability.

Is It Fair for the Company to Announce Retroactive Calculation Only After the Incident?

Under insurance law, insurers must clearly disclose all conditions upfront. Yet in many cases, insurers deny claims without ever specifying:

  • that retroactive alcohol calculation would be used, or
  • how retroactive test results would be interpreted.

This leaves many drivers at a disadvantage. Even if alcohol is detected later with no proof of the level at the time of driving the insurer may still use this ambiguity to deny compensation.

Case Example: Damage Only 60,000 Baht, but Claim Denied Due to “Retroactive Calculation”

In one case, a driver was involved in an accident causing damage of just over 60,000 baht. The insurance company claimed:

“Based on retroactive alcohol calculation, the level exceeded 50 milligrams percent, therefore the claim is denied.”

Most people would give up, thinking it’s impossible to fight the insurer. But the policyholder sought legal assistance.

The result?

Within less than one month, the insurance company agreed to pay the full compensation.
 Why did the insurer suddenly agree once a lawyer got involved?

Why Can Lawyers Compel Insurers to Pay?

1. Lawyers Know Legal Loopholes and Policy Conditions

Retroactive alcohol calculation is not something insurers can arbitrarily use. Without scientific evidence or explicit policy terms, using it may violate consumer protection laws and the Insurance Act.

Lawyers can challenge such practices precisely and enforce the insurer’s obligation to compensate.

2. Insurers “Have Lawyers Even Before the Accident Happens”

Insurance companies have legal teams for every case.
If a policyholder has no lawyer, they are at an inevitable disadvantage.

A lawyer can review documents, analyze facts, and negotiate directly preventing insurers from taking advantage.

3. Lawyers Can Expedite Negotiations

Insurers know that litigation could cost more time and money.
Thus, they often choose to settle quickly when a lawyer is involved.

4. Lawyers Protect the Policyholder’s Rights

From the beginning until compensation is paid, a lawyer ensures the policyholder is not pressured or misled into unfair settlements.

What Should You Do If an Insurer Uses “Retroactive Alcohol Calculation” to Deny Your Claim?

1. Don’t panic or accept the denial immediately

Insurers often use technical terms to intimidate policyholders.
Never sign anything before consulting a lawyer.

2. Gather evidence immediately

  • Alcohol test slip
  • Police daily report
  • Photos from the scene
  • Copy of the insurance policy

3. Consult a lawyer as early as possible

Early legal guidance is the best way to protect your rights without being exploited by the insurance company.

Retroactive Alcohol Calculation A Tactic to Watch Out For

Some insurers use this method to avoid liability even for claims worth only a few tens of thousands of baht. But once a lawyer steps in, insurers often choose to settle because they know they may lose legally.

So, if you are denied compensation due to “retroactive alcohol calculation,”
do not let the insurer take advantage of you.
Consult a lawyer immediately after the accident.

Remember:

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.

Drunk Driving Cases

 Insurance Company Refuses to Pay and Even Dares You to Sue. Can They Really “Backdate” Your Alcohol Test?

Posted on by wongsakornsiri
10
Oct

Changed their mind!
  At first, the insurance company promised to take responsibility for the accident and even approved car repairs that took nearly a month. But later, they suddenly called the client and claimed they would not cover the damages after all, arguing that the driver’s blood alcohol level must have been higher before the breathalyzer test.

The client’s actual test result was only 14 milligrams percent (mg%), well below the legal limit of 50 mg%, yet the company insisted that the level “must have exceeded 50 mg% before testing.” Using this reasoning, they refused to pay and told the client, “If you want to fight this, go find a lawyer and sue us.”

The “Backdated Alcohol Level” Excuse A Common Insurance Tactic

This isn’t an isolated case. Many accident victims have faced the same issue: insurers “recalculating” alcohol levels after the fact to justify denying payment. It’s become one of the most common and questionable tactics in the industry.

But for this particular client, it was shocking. He had trusted a seemingly reputable insurance company, believing they would stand by him. Instead, he was abandoned and accused unfairly of being intoxicated beyond the legal limit.

The Accident: A Minor Collision at 3 A.M.

The incident occurred around 3:00 a.m. The driver was heading home after a night out. Only about 100 meters from the venue, on a one-way street, his car brushed against a parked pickup truck that was sticking out into the lane. The collision caused only surface scratches along the side of the client’s vehicle, no dents, no severe damage.

The insurance company initially accepted responsibility and arranged for repairs, which took about a month. Then, out of the blue, they called back:

“We’re no longer responsible for repairing your car.”

The reason? A so-called retrospective alcohol analysis. Even though the actual breath test at the scene showed 14 mg%, the insurer claimed that “the driver’s alcohol level must have been over 50 mg% before testing.”

The client was stunned how they could retroactively raise the alcohol level just to deny coverage?

Insurance Company Refuses to Pay and Challenges the Client to Sue

As if denying coverage weren’t enough, the insurer told the client directly:

“Go hire a lawyer and sue us.”

They flatly refused to take responsibility, despite the police report clearly stating that the accident resulted from careless driving, not intoxication. The victim was left completely helpless and betrayed by the company that was supposed to protect him.

The Victim’s Reaction Shock and Disbelief

“I just don’t understand,” he said. “I paid for insurance so that the company would take care of me. My breath test was only 14 mg%, which is legal. Why are they refusing to help and leaving me to deal with everything alone?”

He had trusted the insurer, believing that his policy guaranteed protection. But instead, the company abandoned him mid-process even after his car had been in the repair shop for a month.

After the Denial Turning to a Lawyer for Help

After being told to “go sue,” the victim didn’t hesitate. He contacted the Lawyer Arm at Wongsakorn Law Office to handle the case. Having endured both the accident and the insurer’s betrayal, he realized that having a lawyer from the start would have saved him stress, time, and unnecessary financial loss.

Why Having a Lawyer from the Beginning Matters?

Don’t wait until the insurer pulls a trick like “backdating alcohol levels” before you seek legal help. Consulting a lawyer right after an accident gives you peace of mind and ensures your rights are protected.

Here’s why:

  • You won’t have to negotiate directly with the insurance company or risk falling for their tactics.
  • You save time when your lawyer will handle all communication, documentation, and follow-ups.
  • A lawyer safeguards your rights and interests from day one until the case is fully resolved.

In short: a lawyer protects you before problems start, not just after they arise.

Legal Insight: Drunk Driving and Insurance Liability

Insurance companies often refuse to pay if the driver’s blood alcohol level exceeds 50 mg%, as this violates both insurance terms and traffic laws. Even with first-class coverage, insurers can deny payment to both the policyholder and the third party if the driver was legally intoxicated.

However, if your voluntary insurance (first-class policy) denies payment, your compulsory insurance (Por Ror Bor) will still cover bodily injury to the other party regardless of intoxication, lack of license, or other traffic violations.
  But compulsory insurance only covers injuries, not vehicle damage. You’ll still be personally liable for damage to the other car.

So the best advice? Don’t drink and drive. It’s not just illegal, it can cost you your safety, your money, and your peace of mind.

If Talking to Your Insurer Is Hard. Talk to Us Instead

Some insurers are clever at dodging responsibility. They claim things like “You must have been drunk before the test” or use made-up formulas to deny your claim.

If you’ve been hit with this “backdated alcohol” excuse don’t fall for it, and don’t fight alone.

📍 Contact Wongsakorn Law Office, led by Lawyer Arm, a legal expert specializing in car insurance and accident disputes.
  We’re here to protect your rights, fight unfair insurance denials, and make sure you get the justice and compensation you deserve. 

Drunk Driving Cases

When “Alcohol” Becomes a Key Issue in Insurance Disputes: Case Studies and the Strategy of Retroactive Alcohol Calculation?

Posted on by wongsakornsiri
20
Aug

Alcohol

In the realm of insurance disputes, policyholders often face legal tactics and interpretative strategies from insurance companies that may unfairly impact their rights. One recurring issue is alcohol, which is frequently used as a reason to deny compensation claims.

A noteworthy case from Wongsakorn Law Office highlights how an insurer employed the strategy of retroactive alcohol calculation to deny liability even though the policyholder had not violated the law at the time of the incident.

Case Study: An Unexpected Accident and the “Retroactive Alcohol Calculation” Issue

 One client was involved in a minor accident with an expressway authority vehicle while driving home from work. After immediately contacting the insurer, the client was told that the claims officer could not access the expressway and instead requested the client to meet at ground level causing nearly a one-hour delay.

When the insurance officer arrived, they insisted on a blood alcohol test. The client cooperated and the test showed only 39 mg.%, below the legal limit of 50 mg.%. The police charged the client merely with “reckless driving.”

Surprisingly, nearly a month later, the insurer denied coverage, citing alcohol involvement and even demanded that the client reimburse damages already paid to the third party.

Legal Issue: Alcohol and Insurance Disputes
 According to Thai traffic law, drivers over 20 must not exceed 50 mg% blood alcohol level. In this case, the client had only 39 mg.%, well below the limit. Yet the insurer relied on this as grounds for claim denial.

The company further applied the tactic of retroactive alcohol calculation, assuming that the client’s alcohol level at the time of the accident could have been higher than at the time of testing (due to the one-hour delay), despite actual test results showing compliance with the law.

Exposing the “Retroactive Alcohol Calculation” Strategy

 The insurer argued based on average scientific data that the human body metabolizes alcohol at 10–15 mg.% per hour. Thus, if the test showed 39 mg.%, the company claimed the actual level at the time of the accident may have exceeded 50 mg%.

However, in reality, alcohol metabolism depends on numerous factors: body weight, gender, drinking interval, and metabolic rate. Ignoring these variables, insurers exploited this calculation method to deny compensation unfairly.

Consumer Impacts
 For the insured party, the consequences were severe:

·No car repairs as promised in the policy.

·Forced liability for damages already paid to the other party.

·Wasted time awaiting the insurer’s response for nearly a month.

·Erosion of trust in the insurer.

This case underscores how consumers can be disadvantaged by complex legal strategies unless supported by an experienced insurance lawyer.

Lessons Learned from Retroactive Alcohol Calculation Disputes

1.Don’t be complacent – Even if you believe you complied with the law, insurers may exploit loopholes.

2.Review policy terms carefully – Clauses relating to alcohol can be used to deny claims.

3.Don’t fight alone – Alcohol-related insurance disputes involve complex legal arguments. A specialized lawyer is essential.

4.Keep thorough records – From reporting the accident to alcohol testing, documentation is vital for legal defense.

Protect Your Rights with Legal Guidance

 This case demonstrates that alcohol-related insurance disputes don’t end with a simple test result. Hidden strategies like retroactive alcohol calculation may strip policyholders of their rightful benefits.

Having a lawyer or legal advisor from the beginning greatly increases the chances of fair treatment against powerful insurance companies.

In the world of insurance disputes, “legal knowledge” is the best shield, and “lawyers” are the safeguard against unfair corporate tactics.

👉 If you or someone you know is facing such unfair strategies, don’t wait. Contact us today for immediate legal consultation.

Drunk Driving Cases

When Insurance Companies Use the Tactic of “Retroactive Blood Alcohol Calculation” to Deny Claims Why You Should Have a Lawyer Handle Your Case?

Posted on by wongsakornsiri
04
Aug

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.

Drunk Driving Cases

Accident Sparks Dispute Over Responsibility: Authorities Turn to Retrospective Blood Alcohol Calculation

Posted on by wongsakornsiri
20
May

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.

Drunk Driving Cases

Insurance Denies Claim Citing Retroactive Alcohol Test — Lawyer Sues and Wins!

Posted on by wongsakornsiri
19
May

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<<