วิริยะประกันภัย | The Viriyah Insurance Public Company limited

Factors Determining Insurance Premiums

Premiums for voluntary car insurance plans under the new structure are calculated based on the following factors:​​​​​

Car Usage
This is a key factor is determining the premiums.  Premiums for cars with low risks are generally lower than those with high risks.
 
Car Size

Small cars have lower risks.  Thus the premiums are lower.

Car Category
Prices of spare parts and repair fees differ for each car brand of cars.  Cars are divided into five categories and premiums are computed based on prices of each category.
 
Car Age
This is another risk factor that is used for computation.
 
Age of Driver 
Younger drivers are more reckless and have more accidents than middle-aged drivers.
 
Identifting Drivers 
Premium for insurance policies that identify the driver(s) are lower.  The higher is the sum insured, the higher is the premium.
 
Special Accessories

Some accessories such as dumping equipment and hydraulic equipment increase risks, according to information from the Department of Insurance.

Initial Damage Payment

“Initial Damage Payment” is defined in the new kind of car insurance policies as the amount of damages in each incident that the insured persons agrees to be liable for in the event of an accident caused by his car.

Voluntary Initial Damage Payment

Car owners who are confident and have a cautious driving habit may choose to be liable for initial damage payment.  There are two options: coverage of damage to the body of the car (insured person’s car) and coverage of damage to a third party’s property (a third party’s car or property).  A discount is offered and the premiums are reduced to the amount stated in the conditions of the contract.

Initial Damage Payment in the Event of Breach of Contact 
  • The case of policy with the driver's name identified but the person driving the car is another person who is responsible for the accident, the insured person must pay the following damages :
    • First 6,000 Baht for damage caused to the insured car.
    • First 2,000 for the damage caused to a third party’s property.
  • The case of a car used for a different purpose such as renting out a car that is registered for private use.  In a case like this, the insured party must pay 2,000 Baht for the damage caused to a third party’s property.

Use of Car Discontinued/Car Ownership Transfer/Car Bought on Hire-purshase

Use of Car Discontinued

The insured person may notify the insurer when he/she stops using the car to ask for the refund of the premium, but advance notice must be given, for example, when he/she has to travel abroad for a long period of time).  The refund will be based on a daily average.

No premium will be refunded in the following event:  Discontinuation during the repair period or discontinuation of use for less than 30 days.

Car Ownership Transfer

After the insured person has transferred ownership of his/her car to another person, the transferee shall become the insured person under such policy, and the insurance company will continue to be liable according to the insurance policy throughout the remaining term of the policy.  In the case that the name(s) of the driver(s) is (are) identified, the insured person must notify the insurance company about the change in the name(s) of the driver(s), so that the premium may be adjusted to be appropriate to the changing risks.  Otherwise, the insured person may have to be liable for initial damage payment according to the conditions set forth in the policy.

Car Bought on Hire-Purchase

For insurance of a hire-purchase car, the insurance company shall prepare a policy that identifies the person who hire-purchases the car as the sole insured person.  For allocation of proportional benefits to the person buying the hire-purchase car, the insurance company shall refer to the appendix of the insurance policy.ย

Termination of Policy/Ineffectiveness of Policy

Terminate of Insurance Policy

The insured and insurer may terminate an insurance policy.

  • Termination by the Insurer – This requires a 15-day advance notice sent by registered mail to the insured at the last known address of the insured.  The premium shall be refunded to the insured minus the amount of premium for the period already covered.
  • Termination by the insured person – This requires a written notice to the company.  Part of the premium will be refunded according to the refund rates specified in the policy.
  • Group insurance with a reduced number of insured cars – The premium is refunded on a daily basis.
does an insurance policy becomes ineffective
  • On the date and at the time specified in the insurance policy.
  • When the insured person fails to pay the premium within 60 days as of the date the policy becomes effective.  The insured person is deemed to no longer wish to take out insurance.   Termination may be made by either the insured or the insurer.

Making a claim when damage is incurred

Coverage will take effect when the insured person or the driver is acting in good faith.

 Making a claim when damage is incurred

When damage is incurred or there is a cause for liability, the insured person or the driver must notify the insurer without delay and take necessary action to protect his lawful rights.  The insurer has the right to act behalf of the insured person with regard to the accident he is involved in, if the damage incurred is covered by the policy.  Coverage takes effect when the insured person or the driver is acting in good faith.

 What to do when there is an accident

  • Notify the insurer immediately.
  • Accept the incident notification report after our staff has surveyed the damage.
  • Take the said report to the Insurer to determine the value of the damaged property before repairing the car.
  • Send the car to be repaired at the garage proposed by the Insurer or the garage of your choice (in the case that the amount of damages is agreed upon by the parties involved), or to the central repair facilities of the Department of Insurance
  • Check before accepting the car after repair work is finished and sign the car acceptance form as required.

What to do when your car is stolen?

Tips on what to do when your car is stolen
 
What would you do if you saw someone stealing your car? If you are fortunate enough to see it happen, this is what you should do 
 
(a) Call for help Scream for help.  Say something like “Thief! Help! Someone is stealing my car!” Normally, the thief will run away.
(b) Call the police to make an arrest If there are policemen nearby, shout to them or ask them to make an arrest immediately.  If you see the thief but he does not see you, call the police to make an arrest promptly.  If this is not possible because the thief may be gone with your car before the police arrive at the scene, exercise your right to protect your property as explained below.(c) Exercise your right to protect your property 

You are empowered by law to protect your life and property.  According to Section 68 of the Criminal Code “Any person having to commit any act to defend his own right or the rights of others to escape from imminent danger, if such act is reasonably committed under the circumstance, such act is lawful, and such person has not committed any offense”.  This means that you have the right to defend the right to your life, body and property.  For example, if burglars break into your house to rob you or steal something, you have the right to defend your property, provided that your act is reasonably committed.  If this is not the case, such act is not lawful.  For example, if someone punches you, but you shoot him with a gun, such act is not reasonable and unlawful.

On the other hand, if someone hits you and you hit back, such act is reasonably committed in self-defense and is lawful.  This applies to defending your property.  If an unarmed person tampers with your car and you shoot and kill him, this is unreasonable and unlawful.  However, if he is armed and after you have warned him, he tries to shoot you.  Then he is shot dead by you.  Your act is reasonably committed in self-defense and therefore is not against the law.  Thus, upon seeing a person stealing or robbing your car, you have the right to defend your property by using a reasonable means.  Whether or not it is a reasonable act in self-defense is determined on a case by case basis.

(d) Ask or Ordinary citizen , Do you have the right to arrest the car theif

A large number of people do not know that ordinary people like us have the right to arrest wrongdoers.

(1) When confronted with a person committing a flagrant offense and the person committing such offence can be arrested under the law, you as an ordinary citizen can make an arrest.  A flagrant offence is an offence caught in the act, or it is believed beyond any doubt that such an offence has just been committed.  Here are examples of flagrant offences: a person tampering with your car; a person robbing your car.  In such cases, you can make an arrest without having to wait for the police.  If you wait, the wrongdoers may be long gone by the time the police arrive at the crime scene.  Undoubtedly having committed an offence is, for example, when the wrongdoer is seen running away from the police, bleeding, and holding a gun in his hand.  Another example is when a thief is seen jumping down from your car and holding your car key in his hand and people are yelling “Thief! Thief! ” Under such circumstances, you can make an arrest yourself

In the cases cited above, a flagrant offence has to be a serious offence and not just a misdemeanor.  For crimes with high punishment such as theft, bag snatching, or robbery, the law stipulates that you can arrest the wrongdoer if you see him committing a flagrant offence.

(2) A Competent Officer having an arrest warrant may ask nearby people to help arresting the wrongdoer.  This means that the offender has stolen a car and an arrest warrant has been issued.  If the competent officer asks you who are standing nearby to help him making an arrest, you have the right to join him to make an arrest because then you have the status of an assistant to the competent officer.

At any rate, force may be used while an arrest is being made.  For example, the wrongdoer may resist an arrest and tries to escape, or wrestles with you or hits you.  You have the right to defend yourself by an appropriate means and make an arrest.  If the wrongdoer hits you, you have the right to hit back and make an arrest without breaking the law.

 

Asking people standing nearby for some clues about wrongdoer

 

f you car is parked in a not secluded area, people who are standing nearby tend to see what is happening.  First of all, do not panic, or else you may faint before reporting to the police.  Ask around to find out about the appearance of the wrongdoer, the direction he is heading, the time when he left.  Once you have acquired the information, write down the name(s) and address(es) of the eye-witness(es).  He will be your key witness when the case goes to the police and eventually to the court.  Whether you have acquired the information or not, you must proceed to the next step as explained below

Verbally report to the police as soon as possible

The sooner you report a car theft case to the police, the better the chance to get your car back.  This gives the police an opportunity to quickly catch the thief. Run to the police or police station nearest to the crime scene.  This may be faster than making a call.  Once they have accepted your report, they can contact the Car Theft Suppression Center more quickly than you can.

Calling the police

 

The Car Theft Prevention and Suppression Center has already been established in the Royal Thai Police.  Calling a police station may take more time as you do not have their telephone number readily available and before any action is taken the thief may be long gone.  For speedy action, we recommend that you call one of these numbers directly.

(1) For Bangkok, call the “Phanfa Center 191".  Remember this or write it down in case you forget.  You can also call 02-246-1312-8 (in case your call 191 and could not get through).

(2) If your car is stolen in the area under the Northern Sector of the Metropolitan Police Bureau, call “Rama Center” at 02-245-0713

(3) If your car is stolen in the area under the Southern Sector of Metropolitan Police Bureau, call “Narai Center” at 02-234-5678

(4) If your car is stolen in the area under the Metropolitan Police Bureau, Thonburi Area call the center of the Metropolitan Police Bureau, Thonburi Area at 02-413-1653-6

(5) Car and Motorcycle Theft Prevention and Suppression Center, Metropolitan Police Bureau at 02-245-6951, 02-245-9059

For car thefts in other provinces, call nearby police stations and other police sub-divisions.  If may be a good idea to also coordinate with Car Theft Prevention and Suppression Centers in Bangkok and Thonburi.  They can then co-ordinate with local police force in a timely manner.

Provide car details correctly and quickly

 

As mentioned earlier, you must always have you car details with you so that they are readily available in case of emergency.  For example, write down in your personal notebook information such as “White Toyota Corona RT, License Plate No. Jor. 777 Bangkok, Engine Number 6D-326782, Body Number 3 M-4215 723-64, with a dent on the right side of he bumper and a 2-centimeter scratch on the left side of the bonnet.  Cloth lining just above the driver’s seat was torn and there are two ink spots on the tax payment sticker.  You should always have this information handy to be used promptly when there is an emergency. 

This way, you don’t have to spend a lot of time trying to remember such details until the thief has escaped with your car.  You can promptly provide such details to the police, who in turn, can gather all the information and contact their police network to quickly catch the thief. This is the best way to assist the police with their work, as the police can still identify the car even if the license plate number, damage marks and the engine number have been changed by the thief.

Filling a complaints

 

  • A complaint must be filed at a police station having jurisdiction over the place where the car is stolen. The following documents must be presented.
  • Your national I.D. card 
  • A copy of your house registration document
  • Your government official I.D. card if you are government official
  •  A passport, in the case of a foreigner traveling to Thailand
  • If a person other than the car owner is reporting the theft to the police, a letter from the owner authorizing this person to act on his/her behalf must be presented. 
  •  A person representing a minor must provide proof of being his/her legitimate representative or proof of being his/her custodian by the court order.
  • The car manual, documents relating to the stolen car and the car registration book
  • Hire-purchase document (if the car is still being paid by installment)
  • Provide photos (color photos preferred) of the car to the police if you have them.  Photos provide much more details than words.
  • Provide the most details to the police, including the name(s) and address(es) of the witness(es) if you have them.

A Getting a copy of your compaint from the police

 

A person filing a complaint with the police has the right to request for a copy of such complaint.  Keep it with you as evidence and present it to the police having jurisdiction over the area where the stolen car is seized or found.  

 

 

What to do in the case of an accident?

When an accident occurs, what should you do?

 
If you are an eye-witness 

Help the injured person(s) as appropriate and perform your civic duty by being willing to be a witness.  In the case of hit-and-run, you can help by writing down the license plate number, the car manufacturer (brand), and the color of the car, and contact the police.  Some people may even chase after the driver.  Such act is truly commendable.

 
If you are hit by car and suffer injury

Ask someone or a police officer to take you to the hospital as soon as possible.  Legal action can wait, but life must be saved first.  It is a minor injury, a compromise in order not to waste time may be a better solution.  Don’t forget to get the driver’s name and the license plate number of the car that hit you.  You may need it later for legal action to claim for damages in case the driver fails to pay you as promised.

If you are the driver

Don’t ever run away if you are the driver.  The accident is caused unintentionally, and the wrongdoer is not a criminal.   The punishment of reckless driving is light, so you should face it.  If you try to escape, you may face 15 years of imprisonment if the person you hit dies from an accident.  If you surrender yourself and accept the consequence, the court may decide that you are not guilty or may reduce the sentence.

 

Duties of the driver involved in a car accident as prescribed by law
  • Stop the car and provide reasonable assistance.  If you are the driver of the car that hits a person, you must stop your car, assist the injured person, and send him/her to the hospital if you can.
  • Present yourself and report the accident to a nearby competent officer, i.e., reporting to a nearby police station and providing details of your car.
  • Provide your first name, last name, address, and the car’s license plate number to the damaged party.
  • If the driver tries to escape or fails to present himself/herself to the competent officer, the law will assume that the driver is guilty and a police officer has the right to seize the car until the driver is arrested or the case is final.
  • A driver failing to comply with Items (1), (2), and (3), will be punished with up to one month of imprisonment or a fine up to 2,000 baht.  If the damaged party is seriously injured or loses his/her life, the maximum imprisonment is three months and the maximum fine is 5,000 baht.
 
Contact you insurance company promptly if your car is insured

The insurance company will send their staff to the scene of accident to draw a map of the place where the accident has occurred to be used in a lawsuit.

 
If you have a camera , take photo of the car and the scene of  accident
These photos can be used as evidence in court proceedings.  If representatives of the Poh Teck Tung  Foundation or Ruamkatanyu Foundation have taken photos of the body or the scene of accident, you could ask for those photos as they may be useful in the lawsuit that follows.
 
Giving assistance of the injured party/Paying funeral costs

This is a very important matter that most drivers tend not to know of its benefits.  When you are charged with reckless driving, you are considered to have committed both civil and criminal offences.

  • In a criminal case, you may be imprisoned.
  • In a civil case, you are liable to pay for the damage, medical expenses, and the funeral costs of the other party.  That is, you will be imprisoned and also have to pay for the above expenses if someone is injured or killed by an accident.  If you assist the injured person or pay the funeral cots, there are some benefits, for example:
       
    •  If you have taken the injured person to the hospital, when the case is taken to court, you can give a statement about what you have done.  The court may suspend the sentence and you don’t have to go to prison.  However, if you hit and run, the court tends to rule that you be imprisoned.
    •  Agreeing to pay damages to the injured partly can also be very useful.  If you refuse to do so, the police will keep the car until an agreement can be reached by the parties involved.  However, if you pay the damages and the funeral costs, the civil case is dismissed.  As it is deemed that the parties have agreed to compromise, claims for damages in a civil case can no longer be made.  If you are the defendant, the damaged party will testify to the court that they have already been compensated for the damage.  In most cases, the court will show mercy by suspending the sentence.