Claiming loss-of-use compensation

What is loss-of-use compensation?
It is a claim payment made when the not-at-fault party's car cannot be used normally because it has to be repaired after an accident in which the other party was at fault. In general, the injured party can submit a claim to the at-fault party's voluntary motor insurer, which will consider compensation based on the facts and the relevant evidence.

Under the guidelines of the OIC (Office of Insurance Commission) 

Minimum rates for loss-of-use compensation have been set as the basis for assessment: private cars with up to 7 seats, at least THB 500 per day; public hire cars with up to 7 seats, at least THB 700 per day; and vehicles with more than 7 seats, at least THB 1,000 per day. Other vehicle types are assessed case by case on the facts and supporting documents.

The number of days considered should reflect the period the car actually could not be used, such as the date it went in for repair and the date it was collected. If there was a wait for parts or another necessary reason, there should be supporting documents from the garage or service centre, so that the assessment is accurate and fair to everyone involved.

Documents to prepare 

These include the claim form or damage certificate, a copy of your ID card, a copy of the vehicle registration book, a copy of your driving licence, the repair intake slip, the vehicle collection slip after repair, photos of the damage, photos taken during and after repair, evidence of travel or car rental costs if any, and a copy of the front page of your bank account book.

Submit the claim in writing, setting out the facts and the number of days the car could not be used, with all supporting documents attached. The insurer may ask for further documents or decide on an appropriate number of days based on the evidence. If the other party has no voluntary motor insurance, the injured party must claim directly from the other party under their legal rights.

In any case, a loss-of-use claim should be based on the facts, genuine documents and a repair period that can be proven. Do not overstate information or include anything without supporting evidence.