Results 1 to 11 of 11

Thread: Dad sues insurer over son's Thai death

  1. #1
    Senior Member
    Join Date
    Nov 2016
    Posts
    163

    Dad sues insurer over son's Thai death

    This happen locally not long after I moved to Thailand, I can't believe it still dragging on, Something to be considered for those that rely on Travel insurance.

    Dad sues insurer over son's Thai death


    A distraught father whose son died in Thailand after a brutal assault is suing a travel insurance company alleging pressure from the insurer for the man to return to Australia contributed to his death.


    Rory McDonald, from South Australia, has previously focused on helping police track down the men who attacked his 28-year-old son, Andrew Oake, in March 2010.
    Mr Oake died on April 11, 2010 as he prepared to return to Australia after travel insurer Cover-More threatened to cancel his policy unless he was "on-board the next available flight", Mr McDonald told AAP.
    AAP has sought comment from Cover-More.


    Lawyers from Maurice Blackburn told AAP the firm has been engaged to act in the matter.
    Anthony Kerin, a principal at Maurice Blackburn, said the issue was whether Mr Oake's death "was preventable and what factors may have unnecessarily contributed to this".


    In October this year Thai police arrested the third alleged attacker who assaulted Oake and his Thai wife, Nareerat Suvengdee near her residence in Prasat, 410 kilometres northeast from Bangkok.


    Nareerat was six months pregnant at the time of the attack. She recently testified in a Thai court against the man.
    Oake suffered severe lacerations to his arm and deep cuts to his head as he fended off the attackers, who used homemade machetes against the couple.
    Initially hospitalised at Bangkok's Bumrungrad International Hospital, Mr Oake was transferred to the Bangkok Pattaya Hospital.
    Mr McDonald said Cover-More had insisted his son return to Australia for further treatment.


    Cover-More, he said, insisted his son "be on the next commercial airline that we can arrange for him back to Australia (or) we're going to cancel his insurance policy."


    "(Cover-More) said when Andrew gets back to Australia we'll look after him, we think he's better off because of the infection and we don't think (Thai doctors) can do the operation," McDonald said.


    Cover-More's demand meant Oake was forced to travel 18 hours by bus over the weekend to his wife's home of Prasat to collect his passport and return to Bangkok by the Monday morning.


    Mr Oake died during the journey back to Prasat.


    McDonald says a post mortem showed Mr Oake faced little chance of surviving the flight to Australia due to severe swelling of the brain. He said Thai medical staff at Bangkok Pattaya hospital told him they were equipped to continue his son's treatment.


    "He couldn't stand up by himself and he couldn't have got to the toilet by himself. So what they expected him to do was for an air hostess to take him to the toilet. It was just crazy," he said.

  2. #2
    Senior Member Waharoa's Avatar
    Join Date
    Apr 2013
    Posts
    6,159
    beggars belief... but then.. what is the alternative?

  3. #3
    Senior Member Thin White Duke's Avatar
    Join Date
    Apr 2013
    Location
    Afrique du Sud
    Posts
    2,891
    Seems strange the Insurance company figured Thailand couldn't offer the necessary care.

    Reckon he might have a case.

  4. #4
    Senior Member
    Join Date
    Nov 2016
    Posts
    163
    Quote Originally Posted by Waharoa View Post
    beggars belief... but then.. what is the alternative?
    As always there is more to the story then it seems. But I do think the insurance company acted poorly.

  5. #5
    Senior Member
    Join Date
    Nov 2016
    Posts
    163
    Quote Originally Posted by Thin White Duke View Post
    Seems strange the Insurance company figured Thailand couldn't offer the necessary care.

    Reckon he might have a case.
    From what I have read over the years on this case, the insurance company wanted him to come back to Australia to reduce their liability. As with most insurances once they get you back your country they are no longer liable to pay for your care/treatment.

    So a few thousand to get you home saves them maybe tens of thousands paying for your treatment in a foreign hospital. He was treated at the local hospital here, but then transferred to Bangkok, which is odd as most would be transferred to Surin for more serious cases or a another regional hospital, not to a hospital 6 plus hours away.

    Also from memory he discharged himself against advice from Thai doctors in Bangkok and apparently its claimed he was violent, aggressive and trying to get drugs while at the hospital. This may be due to septicaemia so its claimed.

    So its alleged the travel insurance company told/insisted he come back to Australia for treatment, so he caught a mini bus back to Surin to get his passport, but died in the bus on the way to Surin.

    His wife at the time of the attack was pregnant and it was stated the Thai's were looking for a farang with a Thai lady to kill.

    They weren't locals Thai's BTW , and they were quickly ID by the local Thai's and 2 of them
    arrested (and have now served their jail time and been released) although it was only recently that the 3rd one was caught by Thai police.

    Interestingly his Thai wife was on a temporary partner visa at the time for Australia and was going to be deported back/refused the visa as her sponsor had died.

    The immigration minister had to step in to grant the visa. I believe both the mother and child now live in Australia.

    Search google on this as its been a long ongoing issue, and I may have got some of the details mixed up.

  6. #6
    Senior Member marc26's Avatar
    Join Date
    Mar 2013
    Location
    Vancouver BC
    Posts
    10,629
    Quote Originally Posted by Thirteen34 View Post
    From what I have read over the years on this case, the insurance company wanted him to come back to Australia to reduce their liability. As with most insurances once they get you back your country they are no longer liable to pay for your care/treatment.

    So a few thousand to get you home saves them maybe tens of thousands paying for your treatment in a foreign hospital. He was treated at the local hospital here, but then transferred to Bangkok, which is odd as most would be transferred to Surin for more serious cases or a another regional hospital, not to a hospital 6 plus hours away.

    Also from memory he discharged himself against advice from Thai doctors in Bangkok and apparently its claimed he was violent, aggressive and trying to get drugs while at the hospital. This may be due to septicaemia so its claimed.

    So its alleged the travel insurance company told/insisted he come back to Australia for treatment, so he caught a mini bus back to Surin to get his passport, but died in the bus on the way to Surin.

    His wife at the time of the attack was pregnant and it was stated the Thai's were looking for a farang with a Thai lady to kill.

    They weren't locals Thai's BTW , and they were quickly ID by the local Thai's and 2 of them
    arrested (and have now served their jail time and been released) although it was only recently that the 3rd one was caught by Thai police.

    Interestingly his Thai wife was on a temporary partner visa at the time for Australia and was going to be deported back/refused the visa as her sponsor had died.

    The immigration minister had to step in to grant the visa. I believe both the mother and child now live in Australia.

    Search google on this as its been a long ongoing issue, and I may have got some of the details mixed up.
    2 weird things in the story
    Why leave Bumrangard to go to Bangkok Pattaya?
    And why would he take that long bus ride only to get his passport..........surely someone could have retreieved it for him

  7. #7
    Senior Member Thin White Duke's Avatar
    Join Date
    Apr 2013
    Location
    Afrique du Sud
    Posts
    2,891
    Just been macheted violently.

    Probably not thinking clearly in a foreign country.The insurance company should have taken this into account before demanding his return.

    He could have been on all sorts of medication for pain affecting his judgement.

    His wife and daughter now in Australia with his folks points to their distress.

    Medical Insurance has not acted in the correct manner from what I can glean from Google.

  8. #8
    Senior Member Thin White Duke's Avatar
    Join Date
    Apr 2013
    Location
    Afrique du Sud
    Posts
    2,891
    Thailand have some of the best surgeons around.

    On a daily basis they turn guys into gals unrivalled around the globe.

    It is actually a cheaper medical alternative for many.

    Not gonna fly in court.

  9. #9
    Senior Member
    Join Date
    Nov 2016
    Posts
    163
    Quote Originally Posted by marc26 View Post
    2 weird things in the story
    Why leave Bumrangard to go to Bangkok Pattaya?
    And why would he take that long bus ride only to get his passport..........surely someone could have retreieved it for him
    I think this is where the legal argument lies.

    Basically who said/demanded what.

    I am sure both sides have a differing account on the situation.

    But IMO going on what I have read and know from locals, both parties are liable to some extent, so I guess it up to the courts to decide what extent that is.

  10. #10
    Senior Member
    Join Date
    Nov 2016
    Posts
    163
    Quote Originally Posted by Thin White Duke View Post
    Just been macheted violently.

    Probably not thinking clearly in a foreign country.The insurance company should have taken this into account before demanding his return.

    He could have been on all sorts of medication for pain affecting his judgement.

    His wife and daughter now in Australia with his folks points to their distress.

    Medical Insurance has not acted in the correct manner from what I can glean from Google.
    I would think this would be the argument put forward by the family.

  11. #11
    Senior Member
    Join Date
    Nov 2016
    Posts
    163
    One thing out of this situation that I respect is the family's resolve in not giving up on seeking justice for their son, something I truly respect even though its cost them a great deal financially.

    BTW the guys that did it weren't locals and the local community/police have given a lot of assistance to the matter.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •