Road Accident Victim Protection

by Magna Carta Law Office

The Road Accident Victim Protection Act is for the victims whose life, body or health is injured from the conveyance using or being on the way, or from the goods carried or installed on such accident. This covers the driver, passengers and the person who is not one of those conveyances. The victim also includes the legal heir of the deceased victim. This protection act does not cover the property of the victim.

What kind of conveyance is covered by this act?

In this Act, “Conveyance”means conveyance under the law on vehicle, conveyance under the law on land transport, vehicle under the law on military vehicle, and includes other conveyance prescribed in the Ministerial Regulation.

The owner of conveyance who use or possess for use of conveyance must provide an insurance against loss for victims. The conveyance owner who has already insured against loss for victims which includes loss occurring to victims and properties, no more insurance against loss for victims is required. It is prohibited to use the conveyance which has not provided insurance against loss for victims.

What are the duties of the insurer?

The insurer shall pay the compensation in 2 parts:

The first part is the basic compensation such as healing expense, funeral and including compensation for damage and other basic expenses necessary for the victim’s recovery from the damage. The insurer shall pay to the victim within 7 days from the date that of receipt of request from victim, without pending on investigation on liability. In the request of the basic compensation, the victim must file an application within 180 days from the date the damage has occurred.

The second part is the compensation which exceeds from the basic compensation. The insurer shall pay after the accident investigation, and the insurer shall pay to the victim who does not have liability.

The receipt of basic compensation shall not prejudice the rights to claim for additional compensation under the civil and commercial code.

 

What are the necessary documents in requesting for the basic compensation?

The victim can authorize the hospital, representative, relatives or legal heir to request the basic compensation from the insurer by the following:

  1. Causing injury
  • The daily report from police station certified by Police Inquiry Officer
  • Receipt of the medical fee from the hospital
  • Certified copy of Thai ID card, Alien ID card, passport, the document must be issued by the government that bears the name of the victim
  1. Causing death
  • Certified copy of the death certificate facilitated by the legal heir
  • Certified copy of the ID card of victim or the legal heir of victim
  • The daily report form police station to prove that the death of victim is caused by the conveyance accident.

The Victim Compensation Fund

The victim also can request for the basic compensation from the victim compensation fund from the following conveyance accidents:

  1. Such conveyance has not been providing an insurance against loss for victim and the owner of conveyance fails to pay basic compensation to the victim or pays incomplete amount of basic compensation to the victim.
  2. Such conveyance is not under possession of the conveyance owner when the accident occurred due to misappropriation, fraud extortion, theft, blackmail or robbery which has already been reported to the police inquiry officer.
  3. There is no one claiming to be the owner of such conveyance and such conveyance has not been providing insurance against loss for victim.
  4. Such conveyance escapes or no one knows which conveyance caused the damages.
  5. The insurer fails to pay basic compensation or pays incomplete amount to the victims.

The victim compensation fund shall completely pay the basic compensation within 7 days from receiving the request from the victim.

 

Reference: Office of Insurance Commission website

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