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Wheelchair-bound teen allegedly ‘cheated out of B5mn’ by lawyer

BANGKOK: The Justice Ministry and other state agencies are stepping in to help a wheelchair-bound teenager allegedly conned out of B5 million in compensation by a lawyer after a 2005 road accident.

accidents, crime, health, police, transport,


Bangkok Post

Saturday 1 July 2017, 05:04PM


Pornthip Chantharat and her daughter Pattarada, 14, were promised B5mn in accident compensation but most of it never materialised. Photo: screengrab via Bright TV
Pornthip Chantharat and her daughter Pattarada, 14, were promised B5mn in accident compensation but most of it never materialised. Photo: screengrab via Bright TV

Deputy Justice Minister Thawatchai Thaikhiew has asked officials to meet with the girl’s family to seek information and provide legal assistance.

The plight of 14-year-old Pattarada “Nong Beam” Kaewpong has attracted widespread public sympathy since her mother came forward on Thursday (June 29) with the family’s story.

Pornthip Chantharat, 44, said that lawyer Pisit Sammalert had cheated her family out of almost B5mn in compensation following a 2005 road accident that killed her husband and left their daughter with a serious spinal injury.

The family was in a pickup truck that collided with an 18-wheeler in Surat Thani on Feb 10, 2005.

Mr Pisit had offered to provide legal assistance to the family pro bono, or free of charge.

Ms Porntip said that at the time she was delighted with the offer of help. The lawyer gained her trust, she told officials from the ministry’s Rights and Liberties Protection Department, Thai media reported.

She said the lawyer asked her to sign a document to authorise him to demand compensation from the truck operator. In 2014, the lawyer told her that the truck operator had agreed to pay B1mn in compensation in monthly instalments. Ms Porntip received B40,000 in monthly instalments for seven months but after that the lawyer could not be contacted.

The NAKA Island

She later contacted the truck operator and learned that his company had paid B5mn in compensation, which it believed was going to the family. This prompted her to file a complaint against Pisit with Bang Yi Khan District Police in Bangkok in 2015.

The lawyer later showed up and negotiated with her. He persuaded her to withdraw the complaint and promised to repay the family. After the complaint was withdrawn, he vanished, said Ms Pornthip.

Ms Pornthip and her daughter sell goods at Wat Cholprathan in Nonthaburi to make ends meet.

Nonthaburi Governor Nisit Chansomwong has ordered local police to work with Bang Yi Khan Police to look into the legal case against the lawyer. Authorities would coordinate with other relevant agencies to remedy the situation, said the governor.

Sarancha Srichonwattana, secretary-general of the Lawyers Council of Thailand, said the council’s committee on ethics would call the accused lawyer for questioning and open an investigation.

If it finds that the lawyer extorted money as claimed, he would be removed from the lawyers' list and face legal action, said the secretary-general.

Read original story here.

 

 

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Jor12 | 07 July 2017 - 19:33:32

Rorri...unfortunately you did. "Jor12...can you provide proof, I'd like to read where it states this." 

Read my posts as to pointers as to where material can be located. 

The reasons for commenting on CaptB's coments is that he is advocating that Thailand adopt the NSW legislation, which I have demonstrated is ludicrous. It would be good if you could address the points raised. That way a meaningful dialogue could ensue.

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Rorri | 07 July 2017 - 16:54:46

Jor12, here you go again, making things up, I simply replied to your comment, I am NOT the one who raised the NSW act, perhaps it is you, who needs to refrain from commenting on irrelevant "Acts", in fact, just why did you even need to comment on CaptB's comment, regarding the the NSW's act? We all know why, it was simply so you could put someone down, and show, once again, your "superior " intelligence," you are like a priest, when asked an awkward question, he would say God works in mysterious ways, you simply expect others to prove your point, well mate, we are not your slaves, no proof means you, and your comments, are irrelevant. 
By not providing "proof" your comment, like you, has NO validity.

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Jor12 | 06 July 2017 - 17:59:56

Rorii..like I said, the details have been provided. In any event I fail to see the need for you to understand the reasons for legislative changes in NSW Australia and it's implications for Thailand as it is irrelevant to this article. 

I can only assume there has been no agreement to my hypothesis, as the subject is beyond the capabilities of commentators, given the usual level of comments made on here.

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Rorii | 06 July 2017 - 17:54:46

Jor12, and more importantly, no one has AGREED with you.
Am I the lazy one, I always prove proof, links etc.. you never do, you only make unsubstantiated comments, never backing them up.. I am not the "lazy" one., you just hide behind your usual comment.

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Jor12 | 06 July 2017 - 17:13:27

Rorri...read the reply post. If you too lazy to look it up and read it that's not my problem.

You also can't understand the geopolitical ramifications of comments made here. No-one has disagreed with me at all.

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Rorri | 06 July 2017 - 16:53:02

Jor12, so ONCE AGAIN, you refuse to back up your comment, this, for you, is a very common pattern, I call you a liar, now prove you are not.

Calling everyone, who disagrees with you, neo-colonialists is rather childish, don't you think?

By the way Neocolonialism: the use of economic, political, cultural, or other pressures to control or influence other countries, especially former dependencies.

You can't even get it right, but does sound impressive.

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Jor12 | 05 July 2017 - 19:08:09

Rorii...it was common knowledge. Try google to start with. Then Hansard report when the Bill was introduced. 

You can also compare the profits of CTP premiums prior to and subsequent to the legislation. Go find those yourself. You can also compare the benefits paid prior to and subsequent to the legislation and when they stopped. Again, you can find those yourself. Compare the legislation is a good start, but I am aware you have difficulty in comprehending legislation. 

You should also be aware that legislation differs from State to State in Australia (CTP and Workers' Compensation) so to advocate a system based on NSW legislation is rather stupid. Even they can't get it right, so it's more comment from the neo-colonialists.  

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Rorri | 05 July 2017 - 18:01:41

Jor12 "As to the changes to CTP in NSW, this was designed to reign in the exorbitant profits being made by Insurance Companies and to clamp down on fraudulent claims" can you provide proof, I'd like to read where it states this.

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Jor12 | 05 July 2017 - 14:57:47

CaptB...Check out the legal requirements for Third Party Motor Vehicle Accident Insurance in Thailand then the other classes available. 

The Compensation to which to refer, is for a common law claim for damages, which is complicated by the fact that it must have been caused by negligence. It is an exercise in futility in assessing the capability of a then 2 year old child, (given the accident occured 12 years ago) as to what her capability were then and her probability to engage in a certain occupation years later. 

What you describe is a situation where only lawyers are making any money, hence the hue and cry from lawyers, of the situation you describe of changes to Workers' Compensation - which was to redress the $4 Billion deficit sustained by Workcover. 

As to the changes to CTP in NSW, this was designed to reign in the exorbitant profits being made by Insurance Companies and to clamp down on fraudulent claims.  

There are very little facts presented in this article.   

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Capt B | 02 July 2017 - 17:41:23

Dear Current Thai Military Government,
You have done a good job so far with most things, however, you really should sort out a good Compulsory Third Party Motor Vehicle Insurance system out.
For example, this poor girl, in a wheelchair for the rest of her life through no fault of her own, THB 5 million is a total joke. Do you really think 5 million THB will cover her Loss Of Earnings
until she is 70 years of age ? She may have become a Nuclear Scientist or even a Prime Minister.
Under this Compulsory Third Party Insurance, the driver of the truck would not have to pay one Baht of "Compensation" ie ZERO COMPENSATION PAYABLE.
All Compensation would be paid by the Driver At Fault's Compulsory Third Party Insurance Policy.
The poor little girl's parents could hire the best Compulsory Third Party Insurance Lawyer that exists, and 3 years after her injury occurred, would have a so called "Settlement Meeting" with 
truck driver's Compulsory Third Party Insurance company, where they'd probably offer her 30% of what she is legally entitled to. Accept or do not accept, then it is off to a Claims Assessment Review Service Court ( CARS ) where they will decide on the "Award" amount payable. And, if she does not accept the "Award" or, for example, QBE CTP Green Slip Insurance Defaults on payment, then its off to Supreme Court.
All legal fees payable by the Driver At Fault's Insurance Company, not the driver or driver @ fault.
 
Motor Accidents Compensation Act 1999

MOTOR ACCIDENTS COMPENSATION ACT 1999 - SECT 125

Note : See section 146 for indexation of that amount.

ABS   6302.0 - Average Weekly Earnings

It is simple & not very time consuming as all you have to do is download the legislation & translate it.
-------------------------------------------
And a little bit of advise to all the Australian Residents (Victims of the ATO). NSW CTP Insurance is the best out of all the states in Australia.
In 1999 Bob Carr butchered this Insurance, although its still the best. He also butchered the NSW Workers Comp Insurance.
If you get "wiped out" on your way to work, whatever you do, tell them you were having the day off or you'll get shafted by the Workers Comp Insurance. The AU Govt is now well aware of all the Middle Eastern Immigrants & their fraudulent Insurance Claims.
Have A Nice Day 

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