Car accident, looking for some advice.

[insertcoins]

Hi guys,

 

Two days ago I was involved in a car accident. Unfortunately this accident sent the Thai motorbike driver to the hospital. His upper arm was horribly cut and required well over 100 stitches both in- and externally. I was lucky enough that the accident happened in front of a shop that had CCTV pointed at the road. This video clearly shows that the driver of the motorbike was speeding and driving recklessly. 

 

It is a bit hard to see in the video, but my index light was on and I turned it on well ahead of making the turn. The motorbike turning in to the same street before I did is my girlfriend. She was waiting for me on the side of the road to make sure me and my family would turn into the correct soi. As soon as my girlfriend saw that I switched my right index light on she knew that I had seen her and she drove into the soi and we followed. You can actually see my index light switch off the moment of impact. 

 

I looked into my mirror before pre sorting the car to the right side of the lane, leaving space on the left for motorists to pass. You can see a motorbike passing me on the left so there was enough space there. I then looked in my mirror once again before actually starting the turn, and it was all clear. 

 

I am not sure what I could have done to avoid this accident or how I can be blamed here. The police however wants to put the blame 50/50 on me and the motorbike driver. I don't want to accept any blame because I feel like I am not at fault here. My main worry with accepting blame is that it could leave an entry on my (traffic/civil/criminal) record. I live in Thailand and I worry that if I accept any fault here that it could cause me issues in the future when going through immigration or various other aspects where a criminal background check is required. 

 

When I went to the police station the officer said that I drove carelessly as well. He said I took the turn too wide, which is not true. It just looks that way because of the camera perspective. I went back to the shop that had the CCTV and checked how other cars and motorists take the turn into that soi. They all take it the exact way I did. The officer asked me to pay 10.000 baht as 'kindness money' to help the guy pay his hospital and bike bills. Im not sure, but considering the severity of the accident 10k baht seems an extremely low price to ask. Which I think could be an indication that they also feel like they have a losing argument. 

 

Apart from this the rental car's 1st class insurance took care of the damage to my vehicle. Plus I had a replacement car the next day. Obviously I am out of pocket for the security deposit (10k) and my moms holiday got off to a rough start (the accident happened on her first day here and I have been spending the past days at the police station)

 

Could someone explain to me what the exact legal ramifications of a joint 50/50 blame would be?  And if I have to take this to court how do you think the judge will rule? Any other tips on how to put this all behind me are greatly appreciated as well.

 

Also if anyone could recommend me a lawyer that is well versed in traffic (and maybe civil?) law that I could have an online or phone consult with, please do :)

 

Should I visit the guy in the hospital and give him a fruit basket or a helmet or something? 

 

edit: I should add that I was driving on a Dutch (EU) drivers license. Which might become a problem I suppose. 

 

Finally, here is the video: 

 

 

Edited March 20, 2018 by insertcoins

[MrJ]

sorry for the trouble - your / rental car 1st class insurance should deal with all parties including the police, but at the end of the day "the accident wouldn't have been happen if you would stay in Thailand but in your home country" especial car vs motorbike

[Anythingleft?]

Probably the start of a long winded argument here , but, the motorbike was

Way too fast
Not riding with due care and attention
Surely must have seen your brake lights?

Does the biker have a license or insurance?

This is an everyday occurance here unfortunately and there does not seem to be a learning curve of any kind by either the drivers/riders, or officials in their capacity to control or educate

More consideration to double check your mirrors so there is at least some accountability on your behalf. These roads are not Europe and you need to be aware of the recklessness here. If it were Europe this would be the bikes fault entirely in my view...

Sent from my SM-N950F using Tapatalk

[insertcoins]

@Anythingleft? I made sure the road was clear before sorting the car to the right part of the lane, and then once again before starting my turn. Both times the road was clear. I think the only extra time I could have seen him was if I had looked through my window while I was taking the turn. And I am pretty sure that at that point in the maneuver I am supposed to look at traffic in the oncoming lane and at traffic in the soi I am turning into. 

[Anythingleft?]

@Anythingleft? I made sure the road was clear before sorting the car to the right part of the lane, and then once again before starting my turn. Both times the road was clear. I think the only extra time I could have seen him was if I had looked through my window while I was taking the turn. And I am pretty sure that at that point in the maneuver I am supposed to look at traffic in the oncoming lane and at traffic in the soi I am turning into. 

Like I say, this is not Europe. To me it looks like the bike should have been seen in the drivers side mirror.
Not being there and just looking at the video thats just my opinion.
However, had the guy not been riding like a idiot it should never have happened. Driving here takes a different skill set and a swivel head...

Sent from my SM-N950F using Tapatalk

[Rdrokit]

If the police said it was 50/50 then you should agree because if you fight it you will need a lawyer and clear evidence that it was not your fault. I had the same think happen as a motorbike pulled out in front of me and I hit him. The police said it was 50/50 because the bike should have not pulled out in front of me and I should have been able to stop before hitting him. I went to the hospital with him as he said he leg hurt. After an x-ray reveled nothing broken we both went to the police station. He paid for his damage on his bike, there was no damage on my car and we both paid a fine and went on our ways. That was 12 years ago and I've had no problems since.

[insertcoins]

@Rdrokit Do you know if that 50/50 ruling shows up on any traffic/civil/criminal records? I dont mind accepting 50/50 if that means I can put this behind me quicker and as long as it doesnt get recorded anywhere where it can come back to bite me later in life. 

[Rdrokit]

17 minutes ago, insertcoins said:

@Rdrokit Do you know if that 50/50 ruling shows up on any traffic/civil/criminal records? I dont mind accepting 50/50 if that means I can put this behind me quicker and as long as it doesnt get recorded anywhere where it can come back to bite me later in life. 

Nothing criminal, just a few points off your license. If you don't have anymore accidents you will be fine.

http://www.nationmultimedia.com/detail/national/30333982

[Mattd]

24 minutes ago, Rdrokit said:

Nothing criminal, just a few points off your license. If you don't have anymore accidents you will be fine.

http://www.nationmultimedia.com/detail/national/30333982

I am not aware that this points system is up and running yet?

 

OP the problem is that somebody was unfortunately hurt and as such the police need to apportion blame, invariably this is 50/50 as it is easy for them, how about your insurance company, are they prepared to let it go as 50/50?

They should be helping you deal with the police and the rider.

I had an accident in 2015 that was, luckily for me, captured on CCTV, unfortunately the back seat passenger of the other car had minor injuries that required a visit to the hospital and the police impounded both vehicles and would not release either until blame had been established. The police officer dealing with the case was very good and found the CCTV coverage, from that it was determined that the other drive was at fault, although it took three 4 hour visits to the police station to get that far.

His penalty for lying to the police and dangerous driving was a 500 THB fine, it cost me 7 months of time without my car!

My insurance sent a representative for all dealings with the police / third party.

[canthai55]

My understanding is the police act as mediators during the investigation.

Both parties and the police meet, agree on compensation, pay what is agreed. Finished.

As said above by others, your First Class insurance will sort it out.

You do have this do you not ?

If not, school is not out for you.

[insertcoins]

Insurance is fine with both possible routes, 50/50 or court. My insurance isnt paying anything to the motorbike rider. Not sure if I can interpret that as the insurance company also being convinced that it was the motorbike riders fault. 

 

Anyway, can you guys give me some facts about this 50/50 ruling? Does admitting 50/50 guilt mean that I will have an entry on my traffic/civic/criminal record?

[Mattd]

1 minute ago, insertcoins said:

Anyway, can you guys give me some facts about this 50/50 ruling? Does admitting 50/50 guilt mean that I will have an entry on my traffic/civic/criminal record?

I would ask your insurance company about this, if you admit 50% guilt, then by definition you have admitted 50% liability, which in turn would mean that your insurance company has 50% liability.

The accident would come under traffic laws, not criminal laws.

[jackdd]

You were driving without license, this could become a problem. You should probably choose the "easiest" way out of it even if it means that you have to pay some money.

[stevenl]

You were turning in to the soi while being overtaken, but the bike rider was speeding and driving recklessly.

 

There for 50-50 seems fair, and will have no bearing on entry etc.

 

Just let the insurance company sort it out.