Problems of Medical Treatment Service Claim for Wrongful Acts of the Victims on Motor Vehicle Contract

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สัจญาณ โสมเกษตรินทร์

Abstract

ABSTRACT


This article is a presentation of the research study on the problem of claims for wrongful act of the victims on motor car insurance contract. Based on the study it was found that the motor car insurance companies often deny to pay the medical treatment service to the victims if the victims have exercised the right to make reimbursement from accident insurance policy or from  the civil servant and permanent employment or social insurance office welfare and  are present to make claim on the medical treatment service again from the motor car insurance company to which the  insurance company will excuse that the payment will be made according to the virtual injury/damage. Since the victims have received the medical treatment service otherwise the injury/damage should have been extinguished and the welfare or the rights exercised by the victims on the reimbursement of the medical treatment service can be reclaimed from the motor car insurance company. To prevent the motor car insurance company to deny the payment of the medical treatment service it suggests that the Insurance Commission shonld stipulate the conditions in the motor car insurance contract specifying  the motor car insurance company to pay the medical treatment service on wrongful act to the victims, but the victims must have a letter from the insurance company of the accident, the Comptroller General's Department, the social insurance office, saying that there will be no recourse to reclaim the medical treatment services back from the motor car insurance company.

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References

Supavech, U. (2008). Description of Civil and Commercial Law on Insurance. Bangkok : Bhannakij 1991.
Unaitham, T. (1990). Compensation of Insurance contract. Law Thesis Master degree Thammasat University.