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

Loss of use of vehicle

“Car Depreciation After an Accident” Why Insurance Companies Refuse to Pay, and Why You Need a Lawyer to Get Your Rights Back?

Posted on by wongsakornsiri
01
Nov

When a car accident occurs, most vehicle owners face not only physical or property damage but also the long and often frustrating process of claiming compensation from their insurance company.
One of the most debated issues is “car depreciation” after repairs does the insurance company have to pay for it?The answer is yes it can be legally claimed.
 However, in reality, insurance companies often refuse to pay.
 As a result, many victims have to rely on experienced insurance lawyers to claim their rightful compensation.
That’s because “car depreciation” isn’t something anyone can simply demand; it requires legal knowledge, technical evidence, and professional strategies to prove the true loss in value.

What Is “Depreciation”?

Depreciation refers to the loss in value of a property after an accident.
Even if a car has been perfectly repaired, its market value is no longer the same.
In the used car market, a vehicle that has been in an accident always sells for less than one that hasn’t.

For example, if your car was worth 1,000,000 THB before an accident, and after repair you can only sell it for 900,000 THB,
The 100,000 THB difference represents the “depreciation value” , a real financial loss that you have the right to claim from the insurer or the at-fault party under Thai law.

How to Calculate “Car Depreciation” No One Wants a Previously Damaged Car

Even after a full repair, a damaged car will never be the same. Its value drops that drop is what we call “depreciation.”
 According to Lawyer Arm, there are three main methods to assess car depreciation:

Method 1 – Based on Real-Life Sales

A client who ran a used car business got into an accident while driving to meet a buyer.
The customer refused to buy the car after learning it had been in an accident, saying, “No one wants a crashed car.”
Originally priced at 500,000 THB, the buyer offered only 100,000 THB.
 👉 The 400,000 THB difference was the actual depreciation caused by the accident.

Method 2 – Appraisal from Used-Car Dealers

Sometimes, the victim can ask car dealers to appraise the price difference.
For example, a dealer might say that a certain model usually sells for 500,000 THB, but if it’s been in an accident, they would only buy it for 200,000 THB.
 👉 The 300,000 THB difference also represents the depreciation value.

Method 3 – Assessment by Certified Experts or Mechanics

If there’s no real transaction, an expert mechanic or auto body specialist can assess the car’s post-repair value based on comparable models in the market.
👉 This method is fair, transparent, and technically verifiable.

Key Points from Lawyer Arm

  • Claiming depreciation is a legal right because an accident reduces your vehicle’s market value.
  • Insurers must not advise victims to lie to car dealers that the vehicle has never been in an accident that’s unethical.
  • In reality, no one wants to buy a heavily damaged vehicle, and resale value inevitably drops.

Depreciation is therefore a real and provable loss, and victims are entitled to compensation under the law.

Why Do Insurance Companies Refuse to Pay Depreciation?

Even though depreciation is a real loss, insurance companies often deny the claim using reasons such as:

1.The repaired car is “as good as new.”

2.There’s no market evidence supporting the price drop.

3.The insurance policy doesn’t explicitly mention depreciation coverage.

But legally, depreciation does not need to be stated in the policy.
 If you can prove the loss in value, the company must compensate under Civil and Commercial Code Section 420 (tort law).

 Why Should Have a Lawyer Handle the Claim?

While victims can technically file claims themselves, proving depreciation requires strong, technical evidence, such as:

  • Pre- and post-repair valuation reports
  • Expert witness opinions
  • Repair receipts and documents
  • Photographs of the damaged car

A lawyer’s role is crucial in:
✅ Assessing the true financial loss
✅ Preparing admissible evidence for court
✅ Referencing previous court rulings on depreciation to strengthen your case

Simply put:
If the insurance company has a legal team before the crash even happens,
then you should also have your own lawyer from the moment the crash occurs.

Depreciation Is Real But You Must Know How to Claim It

Car depreciation is not a bonus or a favor from the insurer, it’s a real, lawful damage you deserve to recover.
Unfortunately, many people lose this right because they don’t know how to claim it properly.

If your insurer refuses to pay for car depreciation, don’t stay silent.
 Consult a lawyer immediately to ensure your rights are fully protected.

 Wongsakorn Law Office, led by Lawyer Arm, specializes in car insurance cases including repair costs, loss of use, and depreciation claims.
We’re ready to fight for your rightful compensation in every step of the process.
Consult a lawyer today → Contact Us or call 062-195-1661.

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.

Loss of use of vehicle

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

Posted on by wongsakornsiri
24
Jun

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

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

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

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

Mediation—or Persuasion?

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

Lawyer Arm explains:

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

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

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

Key Point: Knowledge and Strategy Are Essential

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

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

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

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

Don’t Be Unnecessarily Disadvantaged!

🔍 Watch Lawyer Arm’s video tutorial series:

Key Takeaways

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

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