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Legal advice/ Traffic fatality


typhoon42

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Greetings,

 

I have a female friend in Pattaya who inherited an auto from her former boyfriend who passed away.

 

 I advisedher her best option is to sell it as she would not be able to afford upkeep, insurance etc.

 

Did she listen.  NO.

 

She had a recent accident where the male motorbike driver was traveling down the wrong way of the street and she had no time to respond and the male was killed.

 

The police and family of the deceased acknowledges fault on the motorbike driver.

 

A lawyer has told her to wait until after the funeral to speak with the family.

She was told she could go to prison for 20+ years.

 

Naturally she is upset.  She has no money.

 

This is all the information I have so far.

 

Does anyone have any idea how this is going to turn out?  Or what her best options are?

 

I find it hard to believe she could go to prison if it’s not her fault.

The family may try and get money but none to be had unless the car is sold if not damaged too severely.

 

Legitmate, constructive advice is welcome

 

Thanks

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32 minutes ago, craigt3365 said:

I know a Thai guy who was hit by a scooter while driving down the road in his car.  100% the fault of the scooter, who died.  Didn't matter, he's out at least 1MM Baht now.  A real mess.

Similar happened to a friend of mine who hit a 14-year old kid, unlicenced kid who was riding a motorbike on the wrong side of the road.  It ended up costing my friend over 100K baht even though as far as road rules go he was not in the wrong at all.

Edited by mstevens
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I don't want to appear callous, but you may want to try and distance yourself from this. Of course, you can offer your friend moral support, but my advice would be to not be with her when she's with the family or police. As soon as they see you the $ signs will appear in their eyes and you'll be involved. I suggest she leaves Pattaya. Her conscience is clear as it's seemingly not her fault. Don't get tangled up in this.

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16 minutes ago, Wiggy said:

I don't want to appear callous, but you may want to try and distance yourself from this. Of course, you can offer your friend moral support, but my advice would be to not be with her when she's with the family or police. As soon as they see you the $ signs will appear in their eyes and you'll be involved. I suggest she leaves Pattaya. Her conscience is clear as it's seemingly not her fault. Don't get tangled up in this.

that is VERY GOOD ADVICE,its not more then 2months ago this very subject came up in the motoring forum.

I posted friends of ours were caught up in the same,bike acc.rider had no insur.no licence and it was not even his bike.

but ours friends who were completely innocent was asked to say they were at fault so the accident victim could claim off their ins.and yes they did what was asked,and then the claims kept coming.my mate who had the same happen to him 6yrs.ago has never driven since.

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she won't get hit with much. We own a tourism business here - back in February, one of our Fortuners was hit head on by an out of control 10 wheel truck (speeding and wreckless driving). The french guy lost his daught and wife and i lost my driver. What did the driver get? 5000 baht fine. f***ing pathetic and disgusting.

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1 hour ago, craigt3365 said:

I know a Thai guy who was hit by a scooter while driving down the road in his car.  100% the fault of the scooter, who died.  Didn't matter, he's out at least 1MM Baht now.  A real mess.

I'd well believe it. Strangly enough, after driving here for 15 years, both car and motorbike, I decided one day to sign the car over to my wife and not drive the car again. Now she does all the driving wherever we go in the car, holidays etc., I drive the bike around town. That was two years ago and I have never regretted it. On the contrary, I'm very happy with the setup.

   No real reason for that decision. I just woke up one day and realized 100% that I was one of the luckiest guys in the world to live in this lovely country with a nice house and a nice wife. It occured to me that this could all be blown away in an instant with the set up being the way it is here and the attitude towards foreigners if in a road accident...so I took what I describe as a preventative measure while the going was good.

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I'm afraid that in Thailand the fact that the car is bigger than the motorbike seems to overrule any road laws, no matter how innocent the car driver is, they will nearly always be coerced into paying something.

Happened to a work colleague a few years back, where a motorbike hit him, completely not his fault and turned out the rider was 13 years old, so obviously no license, insurance etc. and should not have been on the road, police demanded that the colleague pay for the damage to the motorbike, hospital bills and even for a school bus to take the boy to school until he had healed and could get the motorbike back!

When asked why he must pay, police reply was 'you bigger than him, he no money and needs to go school'!

Insurance was left to sort it out.

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OP: From my experience with Thai family, the Thai police 'negotiated' compensation for the deceased family and funeral costs. My understanding either off the record compensation or possibly police recommending having to go through the Courts, which can take a long time, and still be exposed for Civil damages if found at fault

 

The above is just one scenario, can be variations depending on attitude of police investigator.

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14 hours ago, typhoon42 said:

Legitmate, constructive advice is welcome

 

32 minutes ago, typhoon42 said:

She had none.

She had better get a lawyer so he can proof she was on her way to get CTPL but being ignorant of her thoughtlessness action by going in the car.

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1 hour ago, dotpoom said:

I'd well believe it. Strangly enough, after driving here for 15 years, both car and motorbike, I decided one day to sign the car over to my wife and not drive the car again. Now she does all the driving wherever we go in the car, holidays etc., I drive the bike around town. That was two years ago and I have never regretted it. On the contrary, I'm very happy with the setup.

   No real reason for that decision. I just woke up one day and realized 100% that I was one of the luckiest guys in the world to live in this lovely country with a nice house and a nice wife. It occured to me that this could all be blown away in an instant with the set up being the way it is here and the attitude towards foreigners if in a road accident...so I took what I describe as a preventative measure while the going was good.

 

'I was one of the luckiest guys in the world to live in this lovely country'.
'the attitude towards foreigners if in a road accident'.

 

These two statements are incompatible. In the Real World if someone is at fault in an accident you don't pay them compensation. If anything, they pay you. Strange how people so readily accept such utter nonsense as normal and acceptable when they're in Thailand.

Edited by Bangkok Barry
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13 minutes ago, EcigAmateur said:

Nothing to pay if driver has first class insurance. Anything else can only happen to people who know nothing and have been scammed all their life.

Things change if the other party has connections....and money.

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All the farang are acting like ...farang. Insurance, law, etc are not as important as feelings. In any collision, both parties are considered at fault. The question is the "proportion" of blame. The kid is dead, she's not. He wins. She has a car, he had a bike. He wins. So attend the funeral, wai the parents and commiserate. Then get a third party to arrange compensation. Maybe Bt 100K. It's a life, remember. All forgiven, no police record.    

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1 minute ago, jgarbo said:

All the farang are acting like ...farang. Insurance, law, etc are not as important as feelings. In any collision, both parties are considered at fault. The question is the "proportion" of blame. The kid is dead, she's not. He wins. She has a car, he had a bike. He wins. So attend the funeral, wai the parents and commiserate. Then get a third party to arrange compensation. Maybe Bt 100K. It's a life, remember. All forgiven, no police record.    

I do see where you are coming from, but the issue with this is that so long as this is the accepted way, then it will continue forever and the law book may as well be thrown in the bin, sometimes, unfortunately, fatal accidents are unavoidable, especially when somebody is on a motorbike and intent on killing themselves by shear idiotic riding, the person they hit maybe completely innocent, wrong place wrong time.

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3 hours ago, craigt3365 said:

Another story.  Thai relative was hit by an old man on a scooter.  It was 100% the old man's fault.  He admitted it, the judge knew it, etc.  But our relative still had to pay 100k for damages.

 

7 hours ago, steve187 said:

if no optional insurance that will deal with the matter, and if she still has her passport, get out of Thailand

Yep. She can hole up at her other apartment in Monaco...

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