Who’s at Fault? Who Pays? Know Your Rights to Claim Compensation from Insurance Cases

Did you know? Car accidents are not just about vehicle damage or temporary injuries.
You may be entitled to claim compensation worth hundreds of thousands of baht if you know how to properly exercise your legal rights.

The Case Study: “Serious Injuries” and “Claim Compensation”

The case study we present today involves a victim riding a motorcycle who was suddenly cut off by a car turning in front of them, resulting in serious injuries.
Ultimately, the victim was able to claim compensation from the insurance company totaling 564,828.25 baht through arbitration proceedings.

Real Incident: Severely Injured by a Car Turning in Front

The victim was riding a motorcycle normally when suddenly a car coming from the opposite direction turned right abruptly cutting in front.
A severe collision occurred causing multiple bone fractures. The victim was hospitalized for 17 days and had to recuperate for over 2 months before regaining normal function.
Although the car involved had private insurance and the driver admitted negligence, the insurance company disputed responsibility and refused to pay the requested compensation, leading to arbitration.

What damages can the victim claim?

According to the Civil and Commercial Code Sections 438 and 444, victims of accidents have the right to claim various compensations including:

  • Medical expenses, both past and future
  • Nurse wages and caregiver travel costs
  • Loss of income during illness, such as income from side jobs
  • Compensation for non-monetary damages such as pain and loss of normal life

These rights are very important because they help the victim return to life as close to normal as possible without bearing the financial burden alone.

Arbitration Result: Insurance Company Must Pay According to Victim’s Rights
The arbitrator examined all evidence and found the car driver clearly negligent, ruling that the insurance company must pay compensation as follows:

  • Medical expenses: 11,228.25 baht
  • Future medical expenses: 100,000 baht
  • Nurse wages and travel costs: 20,000 baht
  • Loss of income from side work: 33,600 baht

Compensation for physical and mental pain: 400,000 baht Total: 564,828.25 baht

Personal Opinion from the Team

 Even though the insured driver was a government official knowledgeable about the law and admitted fault,
the insurance company fought vigorously to deny responsibility. This shows that you should never be complacent even if the facts seem clear,
because insurance companies often dispute to reduce or avoid payment.

Another interesting point is about paying caregivers during illness.
Even if the victim has the caregiver’s ID card as proof, this is insufficient if the caregiver does not testify in person.
Incomplete evidence can lead courts or arbitrators to reject the claim immediately.

Don’t Be Complacent! You Have More Rights to Claim Compensation Than You Think
Many mistakenly believe that if they have free medical care from the government, such as civil servants or social security,
they cannot claim money from the responsible party or insurance company.
In fact, these rights do not exclude each other!
You can still claim future medical expenses, loss of income, and compensation for physical and mental damages if you have evidence and valid explanations.

Why Should You Have a Lawyer for Insurance Cases?

Having a lawyer specialized in insurance cases helps you preserve your rights because the lawyer will assist you in every step, including:

  • Assessing the damages you can claim
  • Collecting and organizing evidence
  • Negotiating with the insurance company
  • Professionally filing a lawsuit in court or arbitration

Wongsakorn Law Office – True Experts in Insurance Cases

 We are ready to support you at every stage of your case, whether it is advising, gathering evidence, or claiming full compensation down to the last baht.
Whether you are a victim of a car accident, insurance case, or other tort cases, WongSakorn is the legal team you can trust.

Consulting a lawyer from the start is the way to avoid disadvantage against insurance companies.
If you or someone close to you experiences an accident, remember that you have the right to claim medical expenses, loss of income, and compensation—just prepare your evidence and exercise your rights fully under the law.

WongSakorn Law Office is here to support you in every accident and insurance case,
ensuring you receive full legal rights without omission or disadvantage.
If you want our legal team to help evaluate your case, gather documents, or proceed with compensation claims,
contact us immediately. Because true justice begins with knowing your rights and using them correctly.

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