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Wreckless driving, advice needed.....:-(


Koheasy

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Hi all, need of advices... I try to make it short.

Our car who was park alongside the road, on the street front of our business, was hit by another car from the back and push over an electric pole, the result make our city car destroy in front and so back.
The tiers driver acknowledge on site with the police, and after at the police station than he fall asleep and so 100% wrong. 
He got a 1st class insurance ( Thanachart ), we got the CMI basic. ( so we have to 'fight by/for ourself ).
During police report we did choose the garage to make the cotation and/if fixing, Thanachart agent of the tiers agree. And said they gonna fix it....
Our car is a small Suzuki Celerio 1 L GL model 2014.
The car is in really bad shape, body bend and all ( imagine what a heavy pick up do to that 'Playmobil' car ! ).
We are trying to prepare our claim, we not want to make money, but certainly not want to lose some.
We run a restaurant and the car was essential to our business ( restock, pick up customers, delivery).
The car just got 30k km and was in Excellent shape apart some minors scratch on the lower body, service in appointed garage etc etc , great care, so gotta lose 2nd hand market price as we was planning to sell it soon ( we still on finance for 3 years).
Of course, and somehow fair enough, the third party insurer not help much as we not got our insurer to fight for our right and we do it ourself.
It happen 6 days ago.
- What will be your advice about the claim ??? ( please avoid sarcasm ;-) ) not much in the mood lol.
- What about the compensation about lost of business income 
- What about the car 'totalled' 'total lost'.
- Link to 'Thanachart insurance' claim form for victim

Anything will be welcome to help our case, experience, legal advice.
We a bit down as it is a major problem for us.
Thanks whatever :-)

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Edited by Koheasy
Ad a import word ' park alongside the road....'
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What makes you think that the body is bent? The damage is not so bad.. Really.. As for loss of your business income.. I doubt that very much... If you had first class insurgents maybe you had a chance. All the best.

Sent from my [device_name] using http://Thailand Forum - Thaivisa mobile app

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What makes you think that the body is bent? The damage is not so bad.. Really.. As for loss of your business income.. I doubt that very much... If you had first class insurgents maybe you had a chance. All the best.

Sent from my [device_name] using http://Thailand Forum - Thaivisa mobile app




Sorry.. Typo.. Insurance!

Sent from my [device_name] using http://Thailand Forum - Thaivisa mobile app

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I think you will be lucky if you get it repaired good.. you can try for the loss of income and a replacement car however I doubt that they will pay for it. If the car is a total loss you will get day value for the car (that is a lot less then new value) This is normal would have happened too if you had first class insurance. 

 

All in all your going to lose some money on this for sure.  I never seen anyone walk away from an accident happy. I have had one and had first class car was total, we got the money of course but it was of course day value.. so we had to pay extra to buy a new car (normal)

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The car not look bad. The safety system has done it job.

Repair would cost some and still less then the expected value i hope.

 

Damage and other things there the thai have the same system as in western countries.

To get all you need to make a good overview.

 

And be prepaired for the same logic as in western.

Replacement car they can tell you how much they will pay for it but will point it is a business risk and you can insure this so they can do difficult.

 

To prevent an accident is the best and like your situation it is not always possible.

Simply will lose income and money.

 

Even when you have a premium you have to do all by yourself to get paid what is not direct the car related.

 

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Isnt it compulsory to have 1st class insurance on all cars that are still on finance? 

 

You now have to still pay for a car thats not worth whats outstanding on the finance. 

Edited by misterphil
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This car is a right-off - crumple zones will be crumpled as they are designed to and the chassis will indeed be bent.  So it will be patched up and sent on its way back on to the roads as normal.

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3 hours ago, 1happykamper said:


If you had first class insurgents maybe you had a chance. All the best. "

 


Sorry.. Typo.. Insurance!

Sent from my [device_name] using http://Thailand Forum - Thaivisa mobile app
 

 

555....Op would have a greater chance of getting an amicable settlement, with first class insurgents in his corner...

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Bonnet (hood) probably front valance (without seeing better pics of front end) and front nearside wheel/tyre.

Full rear end (both qtr panels, hatch, boot floor creased for sure but can be re-aligned, rear bumper to replace and rear offside wheel/tyre) Subject to examination of chassis car is not a write off and fully repairable.

 

The quotes will tell you this, obviously market price v repair costs will decide whether 3rd parties Insurance will do cash settlement (write off) or repair. You can ask if they accept liability (is it normal in Thailand?) for them to cover cost of a hire vehicle for you while the settlement goes through, should do really...?

 

Also if is on HP then does the HP company not chase this all up as they are the legal owners untill you pay final payment?? Just a thought...

Edited by Lokie
extra info re HP?
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On 2 March 2018 at 9:36 AM, 1happykamper said:

What makes you think that the body is bent? The damage is not so bad.. Really.. As for loss of your business income.. I doubt that very much... If you had first class insurgents maybe you had a chance. All the best.

Sent from my [device_name] using http://Thailand Forum - Thaivisa mobile app
 

I 'think' it is bend because the car is in the garage for the cotation, and the garage told me that but also because after the accident, on site, the right doors got problem to open. 

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On 3/2/2018 at 9:56 AM, robblok said:

I think you will be lucky if you get it repaired good.. you can try for the loss of income and a replacement car however I doubt that they will pay for it. If the car is a total loss you will get day value for the car (that is a lot less then new value) This is normal would have happened too if you had first class insurance. 

 

All in all your going to lose some money on this for sure.  I never seen anyone walk away from an accident happy. I have had one and had first class car was total, we got the money of course but it was of course day value.. so we had to pay extra to buy a new car (normal)

Agree, looking to lose as less as possible. Again, not trying to make money but looking for our rights, at least. Thanks for your interest.

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11 hours ago, thaibeachlovers said:

Was the car parked at right angles to the kerb, or was it rotated by the impact? If it was rotated, the other driver must have been travelling quite fast to move the car that much.

I have an opinion but I will not share it till the above question answered.

Hi, of course the car was park alongside the side walk, parallel of it 20 cm away of it and straight, [ even back mirror fold lol ]. 

And yes he drag the car 10 m away [2 house units] and finish is course on the other side of the road on an electric pole [5/8 meters more] ***Sorry for the metric system :-], But notice that our 'playmobil car' weight only 900 kilo...

Thanks 

 

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On 3/2/2018 at 10:46 AM, misterphil said:

Isnt it compulsory to have 1st class insurance on all cars that are still on finance? 

 

You now have to still pay for a car thats not worth whats outstanding on the finance. 

No. You usually got one the first year, 'include' in your contract. But after is up to you, at least with kiatnakin finance. Up to my knowlegde......

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On 3/2/2018 at 11:20 AM, sawadee1947 said:

If you have to "fight" and have to go to court you would have to pay your lawyer which might be more you would gain. So think twice. If the car is repaired clench your teeth, end of story.

Agree somehow, but the case show, and the tiers driver agree he was wrong, the car was well park, hit from back, witness; he agree he fall asleep and take 100 percent responsabilties. Without a lawyer, not much to defend, just present the fact properly, must do the job..... Maybe just a few hours lawyer for the paper works ( i know....a lot lol).

What you think ?

 

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On 3/2/2018 at 4:28 PM, Lokie said:

Bonnet (hood) probably front valance (without seeing better pics of front end) and front nearside wheel/tyre.

Full rear end (both qtr panels, hatch, boot floor creased for sure but can be re-aligned, rear bumper to replace and rear offside wheel/tyre) Subject to examination of chassis car is not a write off and fully repairable.

 

The quotes will tell you this, obviously market price v repair costs will decide whether 3rd parties Insurance will do cash settlement (write off) or repair. You can ask if they accept liability (is it normal in Thailand?) for them to cover cost of a hire vehicle for you while the settlement goes through, should do really...?

 

Also if is on HP then does the HP company not chase this all up as they are the legal owners untill you pay final payment?? Just a thought...

Not really, apparently, they gave some advices but can't do nothing, but still need more talk with them.... It is a bank so...... Will not give freely the information that make them lose money too. *Same the insure first class tiers compagny :-). We are on our own to find out.

Good Thought by the way :-)

 

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5 hours ago, Koheasy said:

Agree somehow, but the case show, and the tiers driver agree he was wrong, the car was well park, hit from back, witness; he agree he fall asleep and take 100 percent responsabilties. Without a lawyer, not much to defend, just present the fact properly, must do the job..... Maybe just a few hours lawyer for the paper works ( i know....a lot lol).

What you think ?

 

First you would have to deal with the police. They will offer a way how to tackle this case. I would accept that solution more than to insist in justice. At the end you'll not know how the judge at court will decide. In the meantime you will have spent some 10.000 Baht for nothing. Again, try the way with the police first. Maybe you can live with a compromise 

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10 hours ago, Koheasy said:

Hi, of course the car was park alongside the side walk, parallel of it 20 cm away of it and straight, [ even back mirror fold lol ]. 

And yes he drag the car 10 m away [2 house units] and finish is course on the other side of the road on an electric pole [5/8 meters more] ***Sorry for the metric system :-], But notice that our 'playmobil car' weight only 900 kilo...

Thanks 

 

He had to be speeding to do that, but I guess that doesn't count unless the case goes to court.

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probably more chance of getting 'blood out of the stone',

if your crumpled source of income had been a living water buffalo

 

if 2 vehicle were being driven then Insurers arrive at a Knock-for-Knock agreement

Your was stationary, and so irregardless the 3rd party property limit to your policy, 

your company of course wouldn't be paying 'you' anyways,

But being the Total Fault Other Party, any and all re$pon$ibility lays in the hands of The Speeder's Insurance Policy to cover 'your' losses

 

of course! your own company will be doing nothing as it is not 'their' problem

 

 

Have you yet Googled 'knock for knock thailand'

to see a LOS interpretation of this?

Why? - because they might be trying to hind behind it - as a way of not helping you!

 

Edited by tifino
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10 hours ago, Koheasy said:

I 'think' it is bend because the car is in the garage for the cotation, and the garage told me that but also because after the accident, on site, the right doors got problem to open. 

If the body is structurally bent and you want to fix it needs highly specialised ( expensive )machinery to fix.

If the car still drives and the damage is just in the panels, you have the option of just replacing the bent components. Everything just bolts on so not a big job other than parts. Door not opening properly, use a sledge hammer to realign the body around the door.

Never be as good looking as before, but if needed for the business is that important?

Personally, I'd just batter the bent parts so the bonnet opens/ closes and everything works, but I used to fix vehicles for a living so may not be an option for you. Could get a local garage to do that though.

All depends on how much you want/ have to spend.

 

PS, I had someone back her huge SUV over the front of my small car and bend all the front. I did what I said, and just used a hammer to put everything into alignment, and drove it like that. Looked horrible, but cost me nothing except time.

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  • 4 months later...

Update : finally what did happen.
In short terms :
The car was fix ( or rebuilt ) by a garage of our choices, 120k pay by the tiers insurance.
The garage took 45 days to do the job, and so we got 45 X 500 Baht for lost of use of the car.
Lost of value of the car ( diminished value of car) was not cover, I was oversea and didn’t organise it so well but without a lawyer , it look like difficult to get it here by yourself ( estimation base on USA calculation was 40 k).
We could also have ask a compensation of 500/day if we did rented a car we a Official car rental compagny.
We didn’t do so well in our organisation but got a car back in good condition. Will be difficult if plan to sell 2nd end only :-)
If that can help !
Thanks again to all of you


Envoyé de mon iPhone en utilisant Thaivisa Connect

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