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Misery for distraught parents of dead law student continues - Insurance refuses to pay and countersues


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Picture: Sanook

 

A distraught mother and father in Buriram in Thailand's north east are being put through the wringer after their beloved daughter was killed in a road accident.

 

Now it looks like they could face police action after an insurance company refused to honour a policy.

 

Patcharaporn or Nong Ying, aged 21, riding a motorcycle was hit in the rear by a Mercedes Benz driven by the wife of a lawyer. 

 

The fourth year law student died soon after.

 

Sanook, who have been following the case since we first reported it at ASEAN NOW some weeks back, said that the Benz driver paid 220,000 baht to the family.

 

But her insurance has refused to pay 2.5 million baht despite being ordered by a court to do so.

 

After the accident, on May 1st, national insurance regulators gave the insurance company seven days from September 15th to pay up.

 

They have refused to do so citing "joint negligence".

 

The court had said that the deceased student was completely blameless.

 

Now in a new development that has left the parents in tears the insurance company has gone to the Krasang police to file a complaint for fraud against the Benz driver and her associates. 

 

There are fears that the mother and father of the deceased will face not just failing to get money that is rightfully theirs but could wind up being prosecuted too.

 

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23 minutes ago, darksidedog said:

Absolutely shameful by the insurance company, though the ridiculous defamation laws preventing them from being named and shamed is the worst disgrace of all.

 

The alleged fraud by the insured that is causing the problem is just as absolutely shameful, surely?

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1 hour ago, darksidedog said:

Absolutely shameful by the insurance company, though the ridiculous defamation laws preventing them from being named and shamed is the worst disgrace of all.

 

I wonder what symbol(s) is/are in the insurance company's logo. Or what color(s). Goes a long way too... but we'll never even find that out...

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To me, IF there is a proper court order / judgement, then the insurer should pay as per the court order… now that said, IF the insurer wants to (or if relevant law allows) to file an appeal with a relevant court AND if by doing so this filing also stops any judgments from being implemented- then that’s their right under law as well.

 

To me, the fact that insurer has now apparently filed some type of complaint against one of the parties involved does not then translate into the insurer not complying with an order of the court which was pre-existing.. IF the COURT decides that the mere act of filing a police complaint warrants freezing the existing settlement payment - then that’s what it is.. but i don’t think the insurer can or should be allowed to largely act as the see fit - especially as there appears to already be a proper court order in existence. 

 

i do agree that it’s not unheard of for an insurer to use the legal process to recoup some/all of the settlement money they paid to their policyholders or other parties … so, to that end, i can see what MIGHT be going on.. but again… i think who gets paid what, by whom and when should be matters for the judiciary to decide and not left to one of the parties to the suit and one who has a vested financial interest on any action or judgment 

Edited by new2here
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Just now, Scott Tracy said:

Insurance company ignores court order. What happens now?

I would suggest imprisoning the driver of the car until the money is paid.

It's really up to the car driver to arrange paying the compensation. 

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5 hours ago, darksidedog said:

Absolutely shameful by the insurance company, though the ridiculous defamation laws preventing them from being named and shamed is the worst disgrace of all.

 

Have been named by Thai media. 

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5 hours ago, webfact said:

Now in a new development that has left the parents in tears the insurance company has gone to the Krasang police to file a complaint for fraud against the Benz driver and her associates. 

More pathetic Thai journalism. What has this, a dispute with the Benz driver, got to do with the company defying a court rule to pay the parents? Just vague wording with absolutely no explanation.

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There is a clause in my A1 insurance contract that says that any statement or action made by the insured party, in the absence of the insurance's representative, that can be construed as an admission of guilt can result in the coverage being dropped.

 

In this case the 220000 paid by the driver of the Benz is probably used by the insurance.

 

In case of accident my first action, if I can will be to remove my dash cam and hand it over to the insurance rep at the first opportunity.

Edited by Boomer6969
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6 hours ago, worgeordie said:

Lawyers, Banks , Insurance companies .....don't  trust or

have faith in any of them , been shafted by all 3 ,  they

use the fine print to their advantage.

regards Worgeordie

This has nothing to do with fine print, but it sounds nice to rattle against the banks ect.

 

The insurance company just does not believe the statement of the Benz driver and probably wants a new court case. This is their right. They just want to see evidence or at least make 100% sure that the claim is just. 

 

But IMHO, they should pay and then start a court case. Problem for them is then if they are right that the money will be hard to retrieve (could have been spend all).

 

There are always two sides to the story, The Benz driver could just have taken all blame knowing that they had insurance while the MC driver was to blame too. If i was an insurance i would want to make sure that the claim was true. 

 

I don't know what proof the insurance company has but to say that the Benz driver committed fraud they must have something.

 

 

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1 hour ago, worgeordie said:

 "Benz driver paid 220,000 baht to the family". its the insurance company

who does not want to pay the 2.5 Million. that the court ordered it too.

regards Worgeordie

Yes but its the Benz driver who admitted fault (perhaps that was a lie and that is what the insurance company wants to check).

 

I have no clue, but they seem to think they have a case. Lets see what kind of proof they have and what happens. I think a advance payment should be made while checking this all. 

 

Just imagine your the Benz driver the MC drives wrong you hit her and decide to take full blame as you pity her and let the insurance take the hit. If i was the insurer id want to be sure, obviously they think something is wrong.

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6 hours ago, darksidedog said:

Think about that for a moment. The girl on the bike was killed by the driver. To make a realistic case for fraud, you would have to somehow believe the driver connived with the girls parents to have her murdered for the insurance money.

If there isn't serious evidence of such, which I very much doubt, the only other conclusion is that the insurance company are trying to muscle small people so as to not pay out a valid court ordered claim, hidden behind defamation laws that ensure their other customers don't know.

I know which I think is more probable.

more likely that the Benz driver submitted fake documents for her insurance or something along these lines.

Edited by tgw
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1 hour ago, Boomer6969 said:

 

In case of accident my first action, if I can will be to remove my dash cam and hand it over to the insurance rep at the first opportunity

Not always the wisest action....I know of someone who handed over CCTV footage from his house camera to assist with his claim for theft of his car, they noticed that when the criminals used their laptop his lights didn't flash and then refused to pay saying he had left his car unlocked.....insurance companies will go to great lengths to avoid paying out, even though it would have made no difference had his car been locked or not, give them additional stuff at your own peril 😀😀😀

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6 hours ago, worgeordie said:
10 hours ago, Liverpool Lou said:

"...the insurance company has gone to the Krasang police to file a complaint for fraud against the Benz driver..."

 

That's "fine print" [sic] being "used to the insurers advantage", is it?   Perhaps it's women drivers, such as this one being sued for fraud by her insurer, who shouldn't be trusted?

Expand  

Please explain what FRAUD the Benz driver allegedly committed .....you should know

a you seem to know everything else .....

Read the report properly, the insurer is claiming fraud,   Why should I know what the fraud is without it being explained?   And just because it wasn't explained  doesn't mean that it is false.  Am I not permitted to comment on what was in the OP or do you know so much that you know for sure that the insurer is in the wrong and there is no fraud?

 

From the OP...

"...the insurance company has gone to the Krasang police to file a complaint for fraud against the Benz driver..."

If I have misread that and there is not an allegation of fraud against the driver by the insurer please point out how it should be read!

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10 hours ago, darksidedog said:

Think about that for a moment. The girl on the bike was killed by the driver. To make a realistic case for fraud, you would have to somehow believe the driver connived with the girls parents to have her murdered for the insurance money.

If I'm allowed to comment on a mod's comment, think about that for a moment.   Why would that wild speculation have to be assumed?   You don't really think that your guesswork is the only way that fraud may have been committed, surely?  

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