Distraught parents of law student accident victim turn to media after insurance company refuses to pay

[TigerandDog]

14 hours ago, Reigntax said:

The court didn’t make an award against the insurance company.

it made an award against the Merc driver.

Courts don’t take legal action. They judge on merit, law and facts the action taken by one party against another 

Yes it did. Read the OP again. I've pasted the relevant section here for you to see.  "Krasang police proceeded to take the matter to court where negligent driving was confirmed and after the intervention of the Office of Insurance Commission the insurance company involved was told to pay 2.5 million baht within seven days from September 15th. "

 

Therefore the court can prosecute the insurance company for contempt of court. That process isn't taking legal action, it's acting against an individual or business that has refused/ignored an order handed down by the court, which is legally binding.

 

 

[steven100]

15 hours ago, KhaoYai said:

I'm pretty sure that a decent lawyer will advise them to increase the amount claimed due to the additional distress caused by the insured not paying what the court ordered.

not in Thailand buddy .......   the lawyer will just look at what's been presented already and then take the matter up with the judge for the 2.5mil that was ordered previously.   Lawyers in Thailand are babies,  they don't like to question a judges decision ....

[KhaoYai]

9 hours ago, steven100 said:

not in Thailand buddy .......   the lawyer will just look at what's been presented already and then take the matter up with the judge for the 2.5mil that was ordered previously.   Lawyers in Thailand are babies,  they don't like to question a judges decision ....

Not my lawyer - she would tie them in knots and hang them out to dry.

[steven100]

4 minutes ago, KhaoYai said:

Not my lawyer - she would tie them in knots and hang them out to dry.

wish i had her a couple of yrs back ... lol

[KhaoYai]

12 minutes ago, steven100 said:

wish i had her a couple of yrs back ... lol

Many wish they'd 'had' her - sadly she bats for the other team ????.

[Reigntax]

13 hours ago, TigerandDog said:

Yes it did. Read the OP again. I've pasted the relevant section here for you to see.  "Krasang police proceeded to take the matter to court where negligent driving was confirmed and after the intervention of the Office of Insurance Commission the insurance company involved was told to pay 2.5 million baht within seven days from September 15th. "

 

Therefore the court can prosecute the insurance company for contempt of court. That process isn't taking legal action, it's acting against an individual or business that has refused/ignored an order handed down by the court, which is legally binding.

 

 

There are 2 seperate issues here and I assume the accuracy is due to the translation of the original post.

 

The Police filed  a driving charge against the Merc driver. This is a criminal prosecution.

 

The second judgement, the awarding of damages is a civil claim and unless the insurance company was included as a joint defendant with the Merc driver, which is unlikely as the insurance co did not contribute to the action of the driver, the awarding of costs is a liability of the  defendant in the legal action.

The defendant may have stated they had insurance. This may or may not be true. Who knows what the current insurance status was between the insurance co and the driver.

The non payment of an award against a party for damages is a civil matter and considered As nothing more than a debt recovery.

 

if the insurance company was not summons to appear and defend their client, or listed as a joint defendant, they cannot be determined as being in contempt of court.

yes that may be what the OP says but criminal and civil matters are not heard under the same listing.

For a start, until the driver was found guilty, the insurance co was unaware of whether a liability existed. They would also have to be given the judgement so they can defend any claim made.

 

the OP is somewhat confusing by the inclusion of The Office of the Insurance Commission that I assume is a governing body overseeing insurance issues.

If this is the situation, the O of I C can hardly represent the insurance co. They can probably make a recommendation but that doesn’t mean the insurance co has to accept it or agrees unless the O of I C was given instruction to act on their behalf.

In any case and if the damages were made under due legal process, recovery is a civil matter and the recovery costs and interest charges  will accumulate from the date of the claim being filed with the Court

Courts don’t prosecute. The police and prosecutors do and the Courts and judges are independent, even when hearing matters that failed to comply with their judgements.

Edited November 19, 2021 by Reigntax

[Fookhaht]

My car was t-boned from a guy backing out of a shopping center parking space.  He was clearly at fault.  He did not look.   He had one of those huge SUV's and mine was a small Chevy compact.    The significant damage and cameras from both cars corroborated the obvious placement of fault.

 

 My insurance agreed that the other guy was at fault, but decided to pay for damages to my car AND his.  No claims were to be made against his insurance.  Reason?  The offender "was well-connected" to the local police chief.   Those were the actual words of my insurance rep who came to survey the scene, see the cam footage, and talk to both parties.  The at-fault party made not-so-veiled threats to my insurance rep about getting his police buddy involved, and that it would get ugly.    

The whole incident has really made me about 50% more cynical about living here.   It's really hard to get justice in a land where "who you know" trumps the laws.  Certainly no surprise, but it hits hard when you're the one personally caught in the middle. 

Edited December 1, 2021 by Fookhaht