Claiming Earthquake Insurance in Thailand: A Guide to Utmost Good Faith and the Role of Professional Engineers

Chakrapan Pawangkarat

Head of Property and Asset Management, JLL Thailand

Advisor, Mechanical Engineering Committee, Engineering Institute of Thailand (EIT)

6 April 2025

Following the recent earthquake, many homes and buildings in Thailand have suffered damage — some visibly cracked, others experiencing hidden issues in their structure and systems. Filing an insurance claim is the logical next step, but to do it right — and avoid conflicts with your insurer — you must act with utmost good faith and involve the right professionals, especially licensed engineers across disciplines.

This article explains how to handle your insurance claim fairly, what “utmost good faith” means in practice, and how professional engineers can strengthen your case and ensure public safety during repairs and recovery.

Understanding Utmost Good Faith (หลักสุจริตใจอย่างยิ่ง)

In insurance, utmost good faith means both the policyholder and the insurer must act honestly, fairly, and transparently. You must provide accurate information, and your insurer must process your claim without delay or manipulation.

According to Section 865 of the Thai Civil and Commercial Code, misrepresentation or concealment by the insured can lead to claim rejection or policy cancellation. Conversely, insurers who delay payments or act unreasonably may face regulatory penalties or legal disputes.

What Should You Do After the Earthquake?

1. Notify Your Insurer Promptly

• Report the incident with date/time and a brief description.

• Get a claim number and contact person for follow-up.

2. Document the Damage Carefully

• Take clear photos and videos of all affected areas.

• List damaged items truthfully.

• Avoid exaggeration — honesty builds credibility.

3. Engage Professional Engineers to Assess Damage

Your insurance company may send their own assessor. But having your own licensed engineer helps ensure you are fairly represented, especially if there's technical complexity. Here’s how different engineering professionals contribute:

Roles of Engineering Professionals in Earthquake Claims

1. Structural/Civil Engineers

• Inspect foundations, walls, columns, and beams.

• Differentiate between cosmetic and structural cracks.

• Provide technical reports for claim support.

• Assess building integrity for safe reoccupation.

2. Mechanical Engineers (HVAC & Systems)

• Inspect damage to air conditioning systems, lifts, pumps, and mechanical plant rooms.

• Check for misalignment, vibration damage, or broken support structures.

• Recommend safe restart procedures and repairs.

3. Electrical Engineers

• Evaluate damage to electrical panels, transformers, cabling, and emergency systems.

• Identify fire or shock hazards due to insulation failure or water ingress.

• Ensure systems are safe for re-energizing.

4. Plumbing and Sanitary Engineers

• Check for leaks or broken pipes due to shifting foundations.

• Assess damage to water supply, drainage, and sewage systems.

• Prevent contamination and ensure functionality before re-use.

5. Fire Safety Engineers

• Evaluate if fire suppression systems (e.g., sprinklers) were compromised.

• Inspect alarm systems, emergency lighting, and fire pumps.

• Recommend interim measures to maintain safety until full restoration.

What Utmost Good Faith Means for Insurance Companies

Insurers must:

• Clearly explain your policy coverage and limits.

• Respond to claims without unreasonable delay.

• Provide written explanations for claim denials.

• Act in line with OIC regulations and engineering standards.

If they fail to do so, you can request mediation, file a complaint with the Office of Insurance Commission (OIC), or seek legal support.

If Disputes Arise

1. Gather all documentation — reports, photos, correspondences.

2. Hire your own professional team (engineer, adjuster, lawyer).

3. Request a re-evaluation with your engineer present.

4. File a formal complaint to the OIC via hotline 1186 or www.oic.or.th.

5. Pursue legal remedies if necessary, with technical evidence in hand.

Conclusion: Engineering + Integrity = Fair Recovery

After an earthquake, property damage is not always obvious to the eye — and claim disputes often arise when interpretations differ. By acting in utmost good faith and engaging licensed professionals, you can:

• Ensure public safety

• Avoid claim denial or underpayment

• Strengthen your evidence with technical accuracy

• Rebuild stronger and smarter

Insurance is a partnership based on trust. Let’s uphold it — with integrity, expertise, and fairness.

Acknowledgement:

"This article was generated with the assistance of ChatGPT, an AI tool, and subsequently reviewed and edited by the author."