What to Do After a Serious Car Accident in Thailand

What should you do immediately after an accident in Thailand?

Get medical help and notify the authorities. Preserve evidence at the scene and exchange details, then notify insurers and your embassy if you are a foreign national.

• Safety and medical care:
  • Call 1669 for emergency medical services, 191 for police.
  • Move to a safe area if possible. Use hazard lights and warning triangles.
  • Request a medical certificate from the hospital. Keep all receipts.
• Evidence:
  • Take photos and videos of vehicles, skid marks, injuries, road signs, and surroundings.
  • Record names, phone numbers, license plates, and insurance details. Ask for dashcam or CCTV sources nearby.
  • Report to police and obtain the daily report number and later the full accident report and sketch.
• Notifications:
  • For road accidents, notify insurers within 24 hours. Ask the insurer to send a surveyor to the scene.
  • For workplace injuries, notify your employer at once. Employers must report to the Social Security Office within 15 days.
  • Tourists and expatriates should consider informing their embassy and travel insurer.
• Avoid common mistakes:
  • Do not sign any Thai-language settlement or "compromise" at the police station without advice.
  • Do not leave without the other driver's Por Ror Bor details and vehicle registration number.
  • Do not delay treatment. Gaps in care can undermine your claim.

Who pays for medical bills after a road accident in Thailand?

Por Ror Bor compulsory motor insurance pays initial medical costs regardless of fault, typically up to about THB 80,000 per injured person. Additional compensation depends on fault and any voluntary motor insurance or tort claim against the at-fault party.

• Compulsory motor insurance (Por Ror Bor) - Road Accident Victims Protection Act B.E. 2535:
  • No-fault emergency medical coverage up to approximately THB 80,000 per person.
  • Higher benefits for death or permanent disability up to about THB 500,000 per person when fault is established.
  • You can claim directly from the insurer of the vehicle you rode in or collided with.
• Voluntary motor insurance:
  • First-class policies often cover your medical costs, repairs, and third-party liability beyond Por Ror Bor limits.
  • Read your policy for medical payments, passenger coverage, deductibles, and exclusions like drunk driving.
• Civil tort against the at-fault party:
  • Claim any shortfall for medical bills, future care, and wage loss under Sections 420-437 of the Civil and Commercial Code.
  • If both sides share fault, damages are reduced proportionally.
• Where to complain if an insurer refuses payment:
  • Office of Insurance Commission (OIC) hotline 1186, mediation and complaint portal.

How long do you have to file an injury claim in Thailand?

Most tort claims must be filed within 1 year from the day you knew the injury and the liable person, and no later than 10 years from the wrongful act. Insurance disputes generally have a 2-year limit from the date the claim arose.

• Tort claims - Civil and Commercial Code Section 448:
  • 1 year from knowledge of damage and the liable person, capped at 10 years from the act.
  • Applies to road accidents, slip and falls, medical negligence, and general personal injuries.
• Insurance claims:
  • Typically 2 years for disputes under non-life policies under Thai insurance law and policy terms.
  • Por Ror Bor benefits usually must be claimed within 180 days of the accident for the initial benefits.
• Work injuries - Workmen's Compensation regime:
  • Employer reports within 15 days. Workers should notify promptly and file for benefits without delay to avoid disputes.
• Crime victims - Damages for the Injured Person in Criminal Case Act B.E. 2544:
  • Apply for state victim compensation within 1 year of the offense or knowledge, subject to extensions for good cause.

What compensation can you claim for accidents and injuries in Thailand?

You can claim medical expenses, lost income, loss of future earning capacity, rehabilitation and care costs, and funeral expenses for fatalities. Courts also award non-economic damages for pain, suffering, disfigurement, and mental anguish, though usually at modest levels.

• Economic losses:
  • Past and future medical expenses, surgery, physiotherapy, assistive devices, and home modifications.
  • Past wage loss and future loss of earning capacity, assessed by age, occupation, and disability percentage.
  • Travel, caregiver, and rehabilitation costs with receipts.
• Non-economic losses - Civil and Commercial Code Section 446:
  • Pain and suffering, disfigurement, loss of amenities, mental anguish.
  • Thai courts award these case by case and typically in conservative amounts compared with common-law jurisdictions.
• Fatalities - Sections 443-446:
  • Funeral expenses and loss of maintenance for dependents.
  • Mental suffering for close relatives, recognized at the court's discretion.
• Special statutes:
  • Product Liability Act B.E. 2551 allows punitive damages up to twice actual damages for defective products causing injury.
  • Consumer Case Procedure Act B.E. 2551 enables simplified procedure and fee waivers for consumer-related injuries from goods or services.

How is fault determined and what if you were partly at fault?

Police accident reports, witness testimony, CCTV or dashcam footage, and expert reconstruction inform fault. If you share fault, the court reduces compensation in proportion to your contribution to the accident.

• Evidence of fault:
  • Police sketch, scene photos, vehicle damage patterns, speed estimates, and blood alcohol tests.
  • Road Traffic Act B.E. 2522 rules, such as right of way, speed limits, helmet use, and drunk driving limits.
• Comparative negligence:
  • The court assigns percentages to each party and reduces damages accordingly.
  • Seatbelt or helmet non-use often triggers reductions for preventable injuries.
• Presumptions and strict liabilities:
  • Owners or controllers of vehicles and things are liable under CCC on a fault basis, but product liability is stricter for defective products.

How do you claim under Por Ror Bor compulsory motor insurance?

Submit your medical documents and claim form to the at-fault vehicle's Por Ror Bor insurer or your vehicle's insurer for quick no-fault benefits. If fault is clear, pursue the higher statutory benefits and any additional voluntary coverage.

1. Collect documents:
   • Copy of police report or daily report slip, accident report number.
   • Hospital medical certificate, itemized medical bills, receipts, ID or passport copy.
   • Vehicle registration, insurer details, photos, and, if available, dashcam footage.
2. File the claim:
   • Submit to the Por Ror Bor insurer of any involved vehicle. You can claim from multiple insurers but cannot double recover beyond your loss.
   • File within 180 days for initial benefits. Keep a copy stamped as received.
3. Insurer decision and payment:
   • Insurers typically pay no-fault medical bills promptly upon complete documentation, often within 15 days.
   • For death or permanent disability benefits, the insurer may require additional proof of fault.
4. Disputes:
   • Use OIC mediation free of charge via hotline 1186 or the OIC website.
   • If unresolved, sue in court or as part of a criminal case against the driver.

How do you bring a civil injury lawsuit in Thailand?

You file a written complaint in the competent court with evidence of fault and damages, then proceed through mediation, evidence exchange, and trial. For consumer-related injuries, you can use the Consumer Case Procedure for faster and lower-cost litigation.

1. Choose the forum:
   • Provincial Court where the accident happened or where the defendant resides, or the Civil Court in Bangkok.
   • Consumer cases under the Consumer Case Procedure Act B.E. 2551 can be filed when injuries arise from goods or services, including hospitals and transport operators.
2. Prepare the complaint:
   • State facts, legal basis under CCC Sections 420-446, and heads of damages with amounts and interest.
   • Attach evidence list: police report, medical records, receipts, witness list, photos, videos, expert opinions.
3. Filing fees and mediation:
   • General civil filing fee is typically a percentage of the claim with a statutory cap, but consumer cases often waive or reduce fees.
   • The court usually schedules mediation early under the Mediation Act B.E. 2562.
4. Evidence and trial:
   • Witnesses, medical experts, and accident reconstruction may be heard. Documentary evidence should be translated into Thai.
   • Judgment includes damages and legal interest, and may apportion fault.
5. Enforcement:
   • If the defendant does not pay, apply for writs to seize assets or garnish bank accounts.
6. Foreign claimants:
   • You can grant a power of attorney to a Thai lawyer if you leave Thailand. Notarization and consular legalization may be required if signed abroad.

Can you join your injury claim to a criminal case in Thailand?

Yes. You can file a civil claim for compensation within the driver's criminal case, which often speeds resolution and reduces costs.

• Common charges:
  • Causing death by negligence and negligent bodily harm under the Criminal Code.
  • Drunk driving penalties under the Road Traffic Act may strengthen your civil case.
• Benefits of joinder:
  • No separate civil filing needed, and the criminal investigation evidence supports your claim.
  • Settlement can occur at the police station or prosecutor stage, but read any release carefully before signing.
• Risks:
  • Early low offers may not cover long-term losses. Do not sign if your prognosis is uncertain.

How do workplace injury claims work in Thailand?

Work injuries are compensated under the Workmen's Compensation Fund administered by the Social Security Office, covering medical care and wage replacement, regardless of fault. You can still sue a negligent third party, such as another driver or a contractor.

• Coverage and process:
  • Employer must report a work injury within 15 days to the Social Security Office.
  • Medical treatment is covered at approved facilities. Wage replacement is typically a percentage of wages during temporary disability, with scheduled benefits for permanent impairment.
• Your steps:
  • Notify your supervisor immediately. Obtain a medical certificate stating work-related injury.
  • Keep all receipts and submit forms provided by your employer or the Social Security Office hotline 1506.
• Third-party claims:
  • If a third party caused the injury, file a tort claim to recover losses not covered by the fund.

How do medical malpractice and product liability claims work in Thailand?

Medical injuries can proceed as tort or consumer cases, and public hospital patients under the universal coverage scheme may claim no-fault ex gratia payments. Product injuries benefit from a plaintiff-friendly Product Liability Act with possible punitive damages.

• Medical malpractice:
  • Grounds: breach of duty of care by a hospital or clinician causing injury.
  • Procedure: file as a tort or under the Consumer Case Procedure Act for service-related injury, which eases proof burdens.
  • Public hospital no-fault: Section 41 of the National Health Security Act B.E. 2545 allows ex gratia payments without proving fault for eligible patients under the universal coverage scheme. Call NHSO 1330.
• Product liability - Product Liability Act B.E. 2551:
  • Manufacturers, importers, and sellers are jointly liable for defective products that cause injury.
  • Burden shifts to the defendant once defect and causation are shown. Punitive damages up to twice actual damages are possible.
  • File as a consumer case to reduce fees and streamline procedure.

What does it cost to pursue a claim and how long will it take?

Out-of-pocket costs vary with complexity, but many claims are resolved through insurance within weeks to a few months. Court cases often take 6 to 18 months, longer if expert evidence is needed.

• Lawyer fees:
  • Common retainers THB 20,000-100,000 for straightforward cases.
  • Hourly rates often THB 2,500-8,000 depending on seniority and language needs.
  • Success-based fees may be subject to professional ethics rules; discuss fee structures clearly in writing.

How are damages calculated in Thai injury cases?

Judges weigh medical evidence, employment history, age, disability percentage, and fault apportionment. They then award economic loss plus reasonable sums for pain and suffering, often conservative by international standards.

• Medical and care costs:
  • Based on actual receipts and future treatment plans. Expert reports support long-term care needs.
• Income loss:
  • Past loss equals proven wages or average earnings. Future loss uses expected career trajectory adjusted by disability percentage and retirement age.
• Non-economic:
  • Court assesses injury severity, surgeries, chronic pain, scarring, and psychological impact.
• Interest:
  • Legal interest accrues from the date of filing or damage, at court-specified rates.
• Comparative negligence:
  • Final award is reduced by your percentage of fault, such as for helmet or seatbelt non-use.

What local laws and authorities govern accidents and injuries in Thailand?

Core liability rules are in the Civil and Commercial Code Sections 420-446 and Section 448 on prescription. Road accidents, insurance, and consumer protection are governed by specific Thai statutes and regulators.

• Key statutes:
  • Civil and Commercial Code Sections 420-446 (tort, damages) and Section 448 (limitation).
  • Road Traffic Act B.E. 2522 and Land Transport Act for road rules and penalties.
  • Road Accident Victims Protection Act B.E. 2535 for Por Ror Bor compulsory insurance.
  • Consumer Case Procedure Act B.E. 2551 for simplified consumer injury litigation.
  • Product Liability Act B.E. 2551 for defective products and punitive damages.
  • Workmen's Compensation Act and Social Security law for workplace injuries.
  • National Health Security Act B.E. 2545 Section 41 for no-fault public hospital injury payments.
  • Damages for the Injured Person and Compensation and Expenses for the Accused in Criminal Case Act B.E. 2544 for crime victim compensation.
• Authorities and contacts:
  • Royal Thai Police 191 - accident reporting and investigation.
  • Emergency Medical Services 1669 - ambulance and first response.
  • Office of Insurance Commission (OIC) 1186 - insurance complaints and mediation.
  • Social Security Office 1506 - work injury benefits.
  • National Health Security Office 1330 - Section 41 claims.
  • Department of Land Transport - vehicle and driver records.

What documents and evidence strengthen your Thai injury claim?

Police reports, medical records, receipts, identity documents, and visual evidence are essential. Organized evidence accelerates insurance payouts and improves settlement leverage.

• Identity and incident:
  • Passport or Thai ID, visa page, and contact details.
  • Police daily report slip and full accident report with sketch when available.
• Medical:
  • Medical certificate stating diagnosis, treatment, and prognosis.
  • Itemized bills, pharmacy receipts, physiotherapy invoices.
• Vehicle and insurance:
  • Vehicle registration book copy, driver's license, Por Ror Bor policy page, voluntary insurance policy.
• Visual and witness:
  • Photos, dashcam, CCTV requests, witness names and numbers.
• Income proof:
  • Payslips, tax filings, employer letter, or bank statements for self-employed claimants.

What if you are a tourist or expatriate injured in Thailand?

You can claim Por Ror Bor benefits and bring civil claims in Thailand regardless of nationality. If you depart, you can appoint a Thai lawyer under a power of attorney to continue the process.

• Immediate care and insurance:
  • Use Por Ror Bor for emergency treatment. Also notify your travel or international health insurer.
• Language and documents:
  • Request English versions of bills where possible but keep Thai originals. Obtain certified translations for court.
• Representation:
  • Grant a notarized and legalized power of attorney if signing abroad. Your lawyer can obtain police reports and negotiate with insurers.

How do settlements work at the police station or insurer's office?

Parties often negotiate early settlements facilitated by police or insurers. Ensure the amount covers future care and wage loss, and review any Thai-language release before signing.

• Pros:
  • Faster payment and closure, reduced legal fees, and less time in court.
• Cons:
  • Once you sign a release, you may waive further claims, even if complications arise later.
• Best practices:
  • Get a medical prognosis. Calculate total losses. Ask for bilingual settlement terms.
  • Confirm whether the settlement includes Por Ror Bor, voluntary insurance, and tort claims.

When should you hire a lawyer or expert in Thailand?

Hire a lawyer when injuries are serious, liability is disputed, compensation involves long-term losses, or you face Thai-language legal documents. A lawyer also helps if you plan to join a civil claim to a criminal case or file a consumer or product case.

• Situations calling for counsel:
  • Severe injuries, disability, or death with complex damages.
  • Multiple vehicles or disputed fault, drunk driving, or hit-and-run cases.
  • Negotiating Thai settlement documents and releases.
  • Medical malpractice, product defects, or workplace accidents with third-party liability.
• Useful experts:
  • Accident reconstruction engineers for complex crashes.
  • Medical specialists for causation and prognosis opinions.
  • Vocational and economic loss experts to quantify future earnings loss.
• How to choose:
  • Look for Thai personal injury experience, courtroom track record, and English or your language capability.
  • Agree on a transparent fee structure and reporting schedule.

What are the main claim options, deadlines, and where to file in Thailand?

You have parallel paths: compulsory and voluntary motor insurance, civil tort, specialized regimes for workers and public health injuries, and consumer or product claims. Each has its own deadline and forum.

Next steps

Prioritize treatment and documentation, then notify the right insurer or authority. If your injuries are more than minor, engage a lawyer early to protect your claim value and manage Thai-language procedures.

1. Get a medical certificate and keep every receipt.
2. Obtain the police daily report number and request the full report and sketch as soon as available.
3. Notify Por Ror Bor and any voluntary insurer within 24 hours and submit a complete claim within the 180-day window.
4. Calculate losses, including projected treatment and wage loss. Do not accept quick cash outs if your prognosis is uncertain.
5. Call OIC 1186 for insurer disputes, SSO 1506 for work injuries, or NHSO 1330 for public hospital incidents.
6. If settlement stalls, file a consumer case or civil suit, or join your claim to a criminal case for efficiency.