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

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.
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