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


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15 hours ago, BB1955 said:

In a normal world fraud on the part of there insured would not release the insurance company  from liability to a third party .... Life is cheap here . 

no one is saying they have been released.  What they are doing is going after the driver or the party they insured as there was something they did or did not do.  

For instance it may not have been the wife of the lawyer that was driving it may have been the lawyer with a little too much allkeehol in his system.  

 

In that case they have to prove that it was the man and not the woman and it may depending on the wording of the policy either

make the policy void

give them the ability to after payment to the inured party recoup their losses

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Just now, kingstonkid said:

no one is saying they have been released.  What they are doing is going after the driver or the party they insured as there was something they did or did not do.  

For instance it may not have been the wife of the lawyer that was driving it may have been the lawyer with a little too much allkeehol in his system.  

 

In that case they have to prove that it was the man and not the woman and it may depending on the wording of the policy either

make the policy void

give them the ability to after payment to the inured party recoup their losses

It is the same thing for life insurance

 

If somchai dies because he was accidently killed while cleaning his pistol a life insurance is paid.

 

however, if the insurance company finds that Somchai actualy died form a gunshot to the mouth and that his fingers were on the pistol and his saliva is aon the barrell then they probably would not pay as they have reasonable belief that Somchai did not die of accident but of SOOEEEE SIDE

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After thinking about it for a while I might have an idea why it is at it is, this is of course speculation, but imho the only that somehow makes sense:

The driver of the Benz said that she alone was at fault for causing the accident.

This would then mean that the insurance company of the Benz driver would have to pay 2.5 million baht to the victim's family.

The insurance company is now claiming that the Benz driver wasn't actually alone at fault, but the girl on the bike is to blame as well, in this case they wouldn't have to pay 2.5 million baht.

So now they are suing the Benz driver for making a false statement, maybe with the motive to get a backhander from the victim's family.

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9 hours ago, Liverpool Lou said:

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!

So you believe the Insurance company , while the Benz driver who was there

and backend and killed the young girl , admitted it was her fault ....maybe the

insurance company were not happy the Benz driver admitted guilt, as they don't

usually .The court was happy to say the insurance company had to pay , but

they are trying everything not to , I cannot see how fraud can be involved  in

the accident , BUT maybe the driver had no license , I just thought you knew what

the fraud was ....but you are only believing what the Insurance company are saying...

regards Worgeordie 

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16 minutes ago, worgeordie said:

....but you are only believing what the Insurance company are saying...

So what?  Does that make you right and me wrong?   You are only believing what the other parties and Thaivisa posters are saying! 

 

Read the Bangkok Post about Southeast Insurance's claims.

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16 hours ago, ukrules said:

I kind of feel the need to one day find out the name of this insurance company to ensure I never do business with them.

Southeast Insurance, it's not a secret neither has it been confirmed that the insurer is doing anything untoward or unethical.

Edited by Liverpool Lou
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2 hours ago, Liverpool Lou said:

it's not a secret neither has it been confirmed that the insurer is doing anything untoward or unethical.

The court says pay the 2.5 Million , they don't want to,

the company should be held in contempt .

regards Worgeordie

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2 hours ago, Liverpool Lou said:
18 hours ago, Bangkok Barry said:

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.

Try reading other media outlets, not just Thaivisa!

I do. As a journalist I have also worked with Thai journalists, and not one of them would last a week in my native UK. Whenever questions had to be asked it was always me that had to ask them. Not surprising when Thais are taught almost from birth not to question but to accept what they are told. I'm sure you've seen people on Thai tv talking away with a crowd of reporters surrounding them, with little or no questions being asked, just recording what is said.

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1 minute ago, worgeordie said:

The court says pay the 2.5 Million , they don't want to,

the company should be held in contempt .

regards Worgeordie

And that is the end of it. What can the court do? Can't fine the company because, as we know, they ignore court-imposed rulings. Can't close the company as it would affect all those insured. Jailing whoever heads the company in Thailand might be the only path to be taken.

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2 minutes ago, Bangkok Barry said:

And that is the end of it. What can the court do? Can't fine the company because, as we know, they ignore court-imposed rulings. Can't close the company as it would affect all those insured. Jailing whoever heads the company in Thailand might be the only path to be taken.

They could fine them ,hopefully a large amount , doing nothing

would just show the courts to be toothless , and lead to others

to just disregard what the courts rule .....

regards worgeordie 

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23 minutes ago, worgeordie said:
29 minutes ago, Bangkok Barry said:

And that is the end of it. What can the court do? Can't fine the company because, as we know, they ignore court-imposed rulings. Can't close the company as it would affect all those insured. Jailing whoever heads the company in Thailand might be the only path to be taken.

They could fine them ,hopefully a large amount , doing nothing

would just show the courts to be toothless , and lead to others

to just disregard what the courts rule .....

I repeat, they ignore court-imposed rulings. So fining them is pointless.

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2 hours ago, worgeordie said:

The court says pay the 2.5 Million , they don't want to,

the company should be held in contempt .

regards Worgeordie

You've never heard of appeals in Thai courts?   The company has made a police complaint of fraud by the insured, doesn't that count or does it just have to be ignored?

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How is it possible for the insurance company to ignore the Court's judgement. Surely the Court/Police would take action against the company and fine them or even imprison the directors. If the Company wants to sue the Benz driver isn't that another issue.

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On 12/2/2021 at 4:50 PM, worgeordie said:
On 12/2/2021 at 4:41 PM, BritManToo said:

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. 

 "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

Is it possible that the 220,000 baht krieng-jai payment is being seen by the insurance company as an admission of guilt on behalf of the Benz driver and hence giving them the grounds to deny further payment based on fraud?

 

TBH, this sad state of the bigger or richer party, regardless of any blame apportioned, being 'traditionally' expected to dole out their own money in addition to anything that the insurance company pays needs to be legislated against. It allows the poor or irresponsibly uninsured and otherwise  greedy individuals to go after people and avoid any responsibility, usually with the connivance of the police. It also allows the rich and untouchable to pay their way out of any sense of responsibility or guilt for their actions, again usually with the connivance of the police.

 

Decades ago, before insurance was mandatory here, it was the norm for out of court cash settlements to be brokered by the cops who pocketed their xx% for their efforts. The insurance industry has since matured in Thailand but the people maybe less so and the police definitely not.

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