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Traffic Accidents and Insurance Claims
Traffic Accidents: Claims & Process
Experiencing a Car Accident in Thailand (Primary Keyword) is an incredibly stressful event. For expatriates or tourists, that stress is often magnified by language barriers, unfamiliar procedures, and a complex legal framework. In the immediate aftermath, victims are vulnerable and often unsure of their rights when filing an Insurance Claim in Thailand (Primary Keyword).
This uncertainty can lead to significant disadvantages, particularly when negotiating with insurance companies that are well-versed in the system. Without proper guidance, you may accept inadequate compensation or, in worst-case scenarios, have your claim wrongfully denied.
As a Traffic Accident Lawyer (Primary Keyword) firm specializing in these cases, JIRAWAT & ASSOCIATES understands the difficulties you face. This guide provides essential information on the correct procedures under Thai law, helping you navigate the aftermath of an accident and protect your legal rights.
The First 5 Steps to Take Immediately at the Accident Scene
Remaining calm is the most critical first step. The following actions will ensure safety and, just as importantly, preserve the evidence needed for your insurance claim.
- Ensure Safety: Check yourself, your passengers, and the other party for injuries. If anyone is injured, call emergency medical services immediately. Turn on your vehicle’s hazard lights to prevent further incidents.
- Do Not Move the Vehicles: Unless they pose a severe traffic hazard, leave the vehicles in their post-accident positions. This is crucial for the police and insurance surveyor to assess fault.
- Call Your Insurer and the Police: Contact your insurance provider immediately. They will dispatch a surveyor to the scene. You should also call the police, especially if there are injuries or any dispute over who is at fault.
- Gather Evidence: (Expanded in the next section). Use your smartphone to document everything.
- Exchange Information (Carefully): Exchange names, phone numbers, license plate numbers, and insurance provider details with the other driver(s) involved.
Legal Warning: Do not sign any documents you do not fully understand, particularly any document (often only in Thai) that constitutes an admission of fault. Admitting liability at the scene can severely compromise your right to car accident compensation.
The evidence you collect at the scene will form the foundation of your claim. This is what the police and insurers will use to determine liability.
Your evidence checklist should include 4:
- Photos and Videos:
- Wide-angle shots of the entire scene, showing road conditions, traffic lanes, and vehicle positions.
- Close-up photos of the damage to all vehicles involved.4
- Photos of the other party’s license plate.
- Any skid marks, debris, or damage to public property (e.g., guardrails).
- Dashcam Footage: If you have a dashcam, secure the video file immediately.
- Witnesses: If there are any bystanders who saw the accident, politely ask for their name and contact number.2
- Official Documents:
- The Police Report (known in Thai as Banthuek Pracham Wan).
- The “Claim Form” (ใบเคลม) issued by your insurance surveyor at the scene.6
- Medical Documents (if injured):
- A medical certificate from the hospital detailing your injuries.3
- All receipts for medical treatment and related expenses.
Key Evidence: Photos, Videos & Witnesses
Understanding Your Car Insurance: Compulsory (Por Ror Bor) vs. Voluntary Policies
Thailand’s motor insurance system is two-tiered, consisting of a mandatory policy and optional voluntary policies.
1. Compulsory Insurance (Por Ror Bor)
- This is the Motor Vehicle Victims Protection Act, B.E. 2535.7
- It is mandatory for all vehicles registered in Thailand.8
- Scope of Coverage: The Por Ror Bor insurance (Keyword) covers people only.9 It provides immediate medical expenses and compensation for injury or death to drivers, passengers, and third parties, regardless of who was at fault.
- Critical Limitation: It does not cover any damage to vehicles or property.9 This is the most common misunderstanding.
2. Voluntary Policies
- This is the optional “top-up” insurance you buy to cover what the Por Ror Bor does not.8
- Common Types:
- First Class Insurance (ประกันชั้น 1): This is the most comprehensive policy. It covers third-party liability (damage to others) and damage to your own vehicle, even in non-collision incidents like a “hit-and-run” or hitting a wall.10
- Class 2+ or 3+: Covers third-party liability, and also covers your vehicle, but only if the damage is from a collision with another land vehicle.2
- Class 3: This is basic third-party-only insurance. It covers damage to the other person’s car and property, but provides no coverage for your own vehicle.10
Scenario: What to do in a “Hit-and-Run”?
This is a common question, especially for those involved in a car accident in Bangkok.
- You must file a police report immediately.24
- If you have First Class insurance Thailand, your policy will cover the repairs to your vehicle.11
If you have Class 2, 2+, 3, or 3+ insurance, you are not covered for a hit-and-run.11 Your insurer will not pay for your repairs, as these policies require an identifiable third party.
The Insurance Claim Process: Step-by-Step
Knowing how to claim car insurance in Thailand (Keyword) involves a few key stages, starting from the “Live Claim” (แจ้งเคลมสด) at the scene.
Notifying the Insurer and Damage Assessment
Once the surveyor arrives, they will assess the scene and issue you a “Claim Form” (ใบเคลม). This form is the “ticket” to get your car repaired.
- Required Documents: You will typically need the original Claim Form , a copy of your vehicle registration (Blue Book), your ID/Passport, and your driver’s license.
- Damage Assessment: You can take your car to an “in-network” garage (อู่ในเครือ) approved by your insurer, or an “out-of-network” garage (like an official dealer). If you choose an out-of-network garage, your insurer may need to approve the repair quote first, or you may have to pay upfront and seek reimbursement.
Dealing with the Other Party and the Police
If there is a dispute over fault, wait for the police.1 The police will investigate, citing the Land Traffic Act, B.E. 2522 25, and issue a report determining which party was “negligent” (ประมาท). This report is the primary document insurers use to assign liability.
Once all documents are submitted, the insurer will process the claim. According to Thailand’s Office of Insurance Commission (OIC), insurers should adhere to these timelines:
- Compulsory (Por Ror Bor) medical claims: Within 7 days of receiving complete documents.
- Voluntary (Voluntary) claims: Within 15 days after an agreement on the compensation amount is reached.
The Practical Problem (The Delay): If the case is complex or disputed, the OIC allows insurers to extend their investigation period up to 90 days.15 This 90-day window is a common source of frustration for victims and a key area where a lawyer can help expedite the process.
Limitation Periods
This is the most critical legal trap for victims of a Car Accident in Thailand. The “Statute of Limitations” (อายุความ) is the legal deadline to file a lawsuit. In Thailand, these deadlines are different for different types of claims.
- Civil Claim (Tort / Wrongful Act):
- What it is: Suing the at-fault driver personally for damages.
- Time Limit: 1 year from the date the victim “knows” of the damage and the identity of the liable person (under the Civil and Commercial Code, Sec. 448).
- Insurance Contract Claim:
- What it is: Suing the insurance company (yours or theirs) to force payment under the policy.
- Time Limit: 2 years from the “date of the peril” (i.e., the date of the accident) (under the Civil and Commercial Code, Sec. 882).
- Criminal Case:
- What it is: The state prosecuting the driver for reckless driving causing injury or death.
- Time Limit: 10 years (for serious injury) 18 or 15 years (for a hit-and-run).
The Legal Trap You Must Avoid
Many victims (especially foreigners) mistakenly believe they must wait for the criminal case (which can take 1-2 years) to conclude. They plan to use the “guilty” verdict from the criminal court to then file their claim against the insurance company.
The Fact: The Thai Supreme Court has ruled definitively (e.g., Supreme Court Judgment 6758/2559) that the 2-year deadline to sue the insurance company starts from the date of the accident, not the date of the criminal court’s judgment.
If you wait 18 months for the criminal case to finish, your 2-year window to sue the insurer may have already expired. Your insurance claim will be “time-barred” (ขาดอายุความ), and the court will dismiss it, leaving you with no financial remedy from the insurer, even with a criminal conviction in hand.
This is precisely why you must consult a lawyer immediately to manage the civil and insurance claims concurrently with the criminal case.
Accident & Insurance Journey
This table provides a simplified roadmap of the entire process.
Stage | Process | Role of JIRAWAT & ASSOCIATES (If Needed) |
|---|---|---|
1. Incident | Report to Police/Insurer; Gather Evidence 2 | - |
2. Investigation | Police determine fault; Insurer assesses scene 1 | Analyze evidence to dispute an unfair "at-fault" finding. |
3. Repairs/Medical | Hospital (use Por Ror Bor); Car to Garage [6, 14] | - |
4. Negotiation | Submit documents; Insurer offers compensation. | (Key Area) Representing you in negotiating with insurance companies (Keyword). |
5. Compensation | Insurer pays for standard items (repairs, medical). | Calculating and claiming unseen damages: - Loss of Use Compensation 20 - Lost wages during recovery. - Future medical needs / permanent disability. |
6. Dispute | Claim denied, lowball offer, complex case 19 | (See next section) |
7. Litigation | Filing a lawsuit (Civil/Criminal/Insurance) | Full legal representation in court. |
8. Resolution | Settlement / Enforcement of Judgment | - |
The Right You May Not Know: "Loss of Use Compensation"
If you are the “correct party” (ฝ่ายถูก), you are entitled to claim compensation for the cost of transportation while your vehicle is being repaired (known as Kha Khat Prayot).
- OIC Minimum Rates: The OIC has set minimum daily rates:
- Private Car (not exceeding 7 seats): 500 THB/day
- Public Taxi (not exceeding 7 seats): 700 THB/day
- Van (over 7 seats): 1,000 THB/day
- Claiming Higher Costs: These are minimums. If your actual costs are higher (e.g., you rented a replacement car or used Grab daily), you can claim the actual amount by providing receipts and evidence. A lawyer can be instrumental in negotiating this.
When Insurance Claims Go Wrong: When to Consult a Lawyer
While many minor claims are settled smoothly, you should immediately consult a Traffic Accident Lawyer (Keyword) if you face any of the following scenarios:
- Claim Denial: The insurer denies the claim, citing an exclusion. Common reasons include driving under the influence (DUI), using the vehicle for illegal purposes, or (under new OIC rules) the driver not being named on the policy.
- Low Compensation Offer: The insurer’s offer for your car accident compensation is too low, especially in cases of serious injury, permanent disability, or death, which require complex calculations for future lost income.
- Disputes Over Fault: You are being incorrectly blamed for an accident you did not cause.
- Hit-and-Run: As mentioned, if you do not have First Class insurance , you must pursue a criminal and civil case against the at-fault driver to recover your repair costs.
- The Other Driver is Uninsured: If you only have Class 3 insurance, your insurer will not pay for your damages. You must personally sue the at-fault driver.
- Complex Negotiations: The case involves multiple parties, severe injuries, or the insurer is simply delaying payment (exploiting the 90-day rule).
The JIRAWAT & ASSOCIATES LAW OFFICE team is experienced in all practice areas related to traffic and insurance law. We are proficient in both Thai and English and can act as your representative in these complex negotiations.
Conclusion
A Car Accident in Thailand operates on three legal tracks: the Criminal (Land Traffic Act), the Civil (Wrongful Acts), and the Contractual (Insurance).
Filing an Insurance Claim in Thailand is not always a simple administrative task. When stakes are high, fault is disputed, or injuries are severe, it becomes an adversarial legal process.
Understanding your rights, especially the critical “Statutes of Limitation”, is the most important factor in protecting your interests.
If you or a loved one are facing difficulties with a car accident claim, contact JIRAWAT & ASSOCIATES LAW OFFICE. We offer an initial consultation to evaluate your case and discuss your legal options with an experienced Traffic Accident Lawyer.
References:
- The Civil and Commercial Code of Thailand (re: Wrongful Acts, Insurance)
- The Motor Vehicle Victims Protection Act, B.E. 2535 (Por Ror Bor)
- The Land Traffic Act, B.E. 2522
- Office of Insurance Commission (OIC), Thailand
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