Taking An Insurance Company To Court

[G54]

What are the chances of taking a Thai insurance company to court and winning a claim against them to get work done quickly and getting expenses back?

In a recent accident an insurance assessor came out.

The Toyota driver admitted liability.

They have issued a paper to make the repairs but they say the repairs are too expensive and are delaying. Also stating they want to use 'not new' parts and, for me, that is not good enough.

They have had 3 weeks so far and are delaying further.

[Geekfreaklover]

There are three main factors.

1) The policy conditions.

2) How much will it cost you to take them to court?

2) Who the original insurance was underwritten by?

looking at these points

1) Read the policy conditions / wording and make sure it allows for the kind of repair you want

2) Yours seems like a small claim. And to be frank you will probably end up paying more going through the court system then just accepting the offer.

3) Some insurance companies are better than others. Most local companies in Thailand will be retail brokers underwritten by a larger company in the states or eventually London. Find out who the original insurer is and contact them direct as the claimant. That should speed things up. The original insurance provider should be on the cover note. I would contact the orginal insurer / reinsurer and bypass the local agent

GFL

[G54]

Thanks for the points you made.

I tried searching the web for the company in question but no hits.

Contacting them has resulted in negativity so far, except for their response as I posted.

I might consider simply talking to the lawyer here who has worked for me before and see if he can jolt them into some action without actually taking the company to court, while I try to find out more about the parent company and do as you suggest.

[geriatrickid]

There is no requirement to use new parts for a repair under an auto policy. (In the west you can get waiver of depreciation or replacement cost endorsements. No idea if that's the case in Thailand.) The policy says to repair the damage. A determining factor in the selection of parts is the age of the vehicle and the parts and material needed.. If the car was 3 years+ and there is "mileage" then the issue of an improvement/betterment arises. Most people will pay the difference if the dispute is over a betterment. Car claims are settled on ACV - Actual Cash Value basis under the standard contract.

You might have an ace in your back pocket. What does your vehicle warranty say? Does it say manufacturer's parts (new) must be used in a repair? There are many warranties that are voided in the event that an after market part is used. If you are still under warranty, then ask the insurer if it will guarantee the warranty if after market parts are used.

Suing the insurer for the amount involved is a waste of your time. The case will drag on and cost you more than you would collect.

[bazmlb]

You would have recourse through the OIC, Office of Insurance commission, all Insurance companies based in Thailand are regulated by them.

If you purchased through a broker who is registered at the company level, not a personal level then they are also regulated by the OIC and they usually will go into bat for you in a claim to assist it getting processed, this is the biggest advantage of purchasing through a broker like Thaivisa Insurance.

Going through a broker costs you no more than purchasing directly and in the case of Thaivisa Insurance it is cheaper due to the purchasing power.

[G54]

It is the Toyota drivers insurance that is supposed to be paying for the repairs and getting details from his insurers is - as usual with a lot of companies - hard work. LOL

Geriatrickid

Understood about they can have the right to replace the 'parts' with not new.

As for the OIC that may yet be an option, also.

[BSJ]

I think you would be 'on a hiding for nothing' if you take it to court because their argument will be they can't repair the car until the court case is settled. And they can spin it out a long time.

Best talk to them and ensure that the second-hand parts are only cosmetic and major structural or mechanical parts will be new and the car will be repaired in a reputable workshop. If you can get a written undertaking the structural or mechanical parts will be new parts that would be good. And check the workshop where the repairs are to be done. A well equipped and well run repair shop will look like it is a good place to send your car.

Look for the workshop with the following type of gear. Probably not as common in LOS as the West!