Having a Car Accident in Thailand - My Experience

[burner2014]

I got a lot of tips and tricks from Thaivisa the last years living in Thailand. This time I want to give some experience back to people living and driving here.  I also read a bit about having an accident in this forum, but most of the time it is with motorbikes.

 

Everyone who did a Thai Driver License here know a bit how the education for driving here is or not is.  I obtained my driver license in Europe before and changed it to a Thai Driver License 3 years ago.   I am driving now for 4 years a car in Thailand and before some Motorbike.   Till last month I was luckily not involved in an accident in Thailand before.

 

So what happened?  I drove with my SUV at night and made a U-Turn.  Nothing special, but after completing the U-Turn a Pickup crashed into me from the back. Was it my fault? Was the other driver to fast? All these question I can't answer as I really don't know it.  Good thing is that doesn't matter for what I want to tell you.

 

Here are my learnings:

 

1. Don't think European. That's in easy one, but normally if someone drives into YOU, you are not at fault.  Wrong.  As it was after a U-Turn it was 100% my fault.  No discussion or anything.

 

2.  Have the number of your insurance ready.  I needed to Google it... the insurance is quite helpful and they come in under 20min with a Motorbike

 

3. Don't expect the police to come, all what is coming is the ambulance service.  You will drive to the police yourself. 

 

Now it's getting more interesting:

 

4. Pray that no one is hurt.  For my bad 2 were injured.  Ambulance came, nothing big, but a bit blood.

 

5. Pray that it wasn't a pickup with people on the back.  Unlucky me it was a Pickup with 7  !!  people on the back. There is no chance that when an accident happens no one gets hurt when they don't have a seatbelt on...

 

6. Stop thinking European, a Pickup?  not my fault when someone hurt? Wrong. They will blame you , even if the physics tell you that you cannot be not hurt from an accident when you sitting on the back of a pickup.  By the way after researching I think there is no law yet forbidding to sit in the back of a Pickup on normal ways (no highways)

 

7. Drive to the police, make a statement that an accident happened,  only that it happend. Don't admit to anything or tell who was wrong.  Also have someone you trust with you or a lawyer.   This is needed from my understanding when someone is hurt (to report it).   

 

8. Pray that no one of the hurt people want to charge you for personal liability.  They can ... 

 

9. Don't think that anyone doesn't blame the "farang" for the accident. There are not much facts to discuss,  everyone says you did something wrong, even if you didn't. 

 

 

In the end all went well. Paid a fine, cars are getting repaired (insurances pay) and no one is really hurt.  But NOW I want you to read the 8 points again with the imagination that someone died on this accident and how that would play out?  Not that unrealistic when a pickup is involved with people sitting in the back of the pickup.  Scary right? I think so.

 

So what are my recommendations and what will I adopt?:

 

1. I signed up for a personal liability insurance. Worth the 100$ per year... , just in case someone wants to fight you personally in court.  Go for an international one from Europe I suggest.

2. I recommend checking your car insurance policy and the limits. I did before , so I was relaxed , but I rechecked the personal liability limits again after this night.

3. Drive an SUV if you can.  Just more safe than a smaller car.  (I didn't want to have that impact of that crash in a Honda Jazz...)

4. Get a lawyer you trust on your speed dial. If needed sit a night in the police station till your lawyer arrives in the next morning before you sign anything..  (just imagine someone died)

5. Remind you over and over again that you are in a foreign country which is totally different in aspects like this. 

6. I get a camera in the back of the car. In the front I had already, but that didn't helped for this one when someone crashes into you.

 

Drive safe guys, I hope you never have an accident with your car. 

 

[stevenl]

A first class insurance will take care of your suggestion number 1.

 

Regarding who is to blame, you made the U-turn. he may get fined for speeding, but while making a U-turn you have to make sure the road is clear.

 

Thanks.

[ezzra]

Preaching to the converted...Driving in Thailand has its own dynamics and outdated laws, and yes, if you're a foreigner and involve in an accident, it's your fault whether it is or not, and a wise one will learn very quickly to live with that...

[Daveyh]

Good advice for everyone ................ Government Insurance will cover most minor costs, but for foreigners you must have "1st  Class Insurance" if you drive here ..... fact. This gives you immediate assistance from a "Thai speaking rep. who will arrive very quickly,, who can verify your insurance details & bail bond, hence have your insurance telephone number in your phone ...... or if you've hired a car you'll probably find the number on the reverse of the "tax sticker" on the windscreen of the car ...... best to check before you hire ok? Allow the rep to do everything & say nothing at all, because invariably within minutes there will be a crowd taking videos of everything that occurs. Some onlookers by the way do charge money for these videos if the other party considers them of value ....... here money is number one & opportunists do not miss a trick!! If nothing serious has occurred you can expect a fine & allowed to depart from the scene ...... however, if it's more than just a bent fender cancel whatever you intended to do as you will be definitely be going to the police station. Again, say nothing & sign nothing ......... if they persist ask your insurance rep. for a lawyer. This may take time & involve an overnight stay in the station, but do not weaken at the thought of it. Bite the bullet & be polite, but firm ....... control the situation yourself through the lawyer. Your insurance should cover everything & be completely relaxed about it. You are not in europe ............... so don't even ask how or where the other party is ..... if they are not at the station you can guarantee they are at the hospital, even if they were not badly hurt. Expect further claims against you ....... just refer them to your insurance company. Do not admit liability of any sort to any third party ..................... relax & let the insurance handle it.

[Bob12345]

Just want to add:

In case you are not wounded yourself, start filming everything immediately (and/or taking pictures). 

 

Take your phone out of your pocket and start snapping pictures of the situation, your car, their car, the driver, etc.

Also start recording video... when the driver is talking to someone who passes by go stand close by and record what he is saying (secretly).

keep your recorder running and ask him what had happened and if he was speeding or anything. Some people are dumb enough to admit things at the spot thinking they will change the story later when police is present. Good chance your recording are useless, but there is the odd case where he confesses something or says something that can be used later.

Plus taking pictures shows that the other party should not try to inflate claims at a later point.

[Tchooptip]

I bought two cars both in the name of my wife as the insurance, of course, she drives 80% of the time, in case of an accident it would be Thai with Thai. not Thai with Westerner, I do not know if I'm right or wrong, but it is what I did!

[richard_smith237]

Lots of good advice so far in this thread...?

 

Especially having a good and trusted lawyer on hand. Recommendations for such a lawyer (knowledgable in RTA's) would also be very useful. 

 

My input: if you are sure you are correct, refuse (politely) to accept blame. The BiB may switch the decision to the other party just for ease of process (path of least resistance), or they'll just claim 50/50 in which case you are not (may not) be liable for any further damages etc

 

In this situation: if having made the U-Turn and travelling straight (i.e. Truly rear ended), the other vehicle is travelling too fast and at fault - Op could have pushed this issue instead of caving. 

Additionally, riding in the back of a pickup is illegal (although widely accepted) and the insurance will (I think) state the number of seats (persons insured). Thus, anyone over this is riding at the sole responsibility of the pickup driver.

 

Of course, people will just point out that the decision is down to the Police, but the policemsn who attends the scene (or at the station) do not have the final say and you can disagree (politely), the decision will get pushed up the chain. 

 

When I disagreed with the decision that an accident was 100% my fault (accident with an uninsured minivan on a bus route - whose owner came in and made a pay off) the decision was pushed up to the chain and to another station (transport police I think) who quickly decided 50/50 which I accepted and the other party could not claim compensation against me for his 'fake' injury.

 

I was very stubborn, but also very cslm. The Police were polite with me throughout.

 

 

 

 

 

[csabo]

Right of way dictates f you can't complete the U turn and get up to the same speed or faster than oncoming traffic, you are at fault. Same as any turn a cross a traffic lane. It's your job to wait or be out of the way by the time the incoming traffic gets there. Anyone living in Thailand for any period of time should know exponentially the value of following these rules based on observing average Thai driver ability and the potential for serious repercussions against you based on your nationality and Thai mob mentality. 

[tweedledee2]

The aftermath of having a vehicle accident in Thailand is basically no different than in most western countries. If your actions cause an accident it is your fault. The actions of the other driver or vehicle are somewhat irreverent.  You were making a U-turn and your failing to see the other vehicle approaching or underestimating its speed you made the turn, resulting in a collision. Legally the other vehicle had the right-of-way and the accident resulted from your failure-to-yield to oncoming traffic. Just because you had completed your turn before being hit from behind doesn't make it less your fault. An accident by definition is an unforeseen event, but secondary actions can increase the chances an accident occurs. As for advice to drive an SUV, do you think it would make a big difference if you had been hit by a bus full of passengers or a concrete truck?  

[burner2014]

Thanks for all the input.

 

Super important guys, I don't want to focus at all on the U-Turn thing.  I personally think U-Turns are dangerous and the government thinks the same as they announced a new U-Turn design already due to a high accident rate. (Use google).  And I admitted already according to the law I am wrong.

 

Also having a 1st class insurance is in my opinion a no brainer for that price per year when you buy a new car here.

 

What @Tchooptip is saying is also an option I would consider after my first experience having an accident. I could have done that and I think if the possibility is there I will do that next time. Thai against Thai is just more reasonable.

 

I think what @Daveyh says brings it to the point and @richard_smith237 experience shows that stamina power is important. If someone died just stay the night in the police station if needed and get a lawyer speaking your language. (at least english). If someone has some recommendations for a good lawyer let me know.

 

[Baerboxer]

1 hour ago, richard_smith237 said:

Lots of good advice so far in this thread...?

 

Especially having a good and trusted lawyer on hand. Recommendations for such a lawyer (knowledgable in RTA's) would also be very useful. 

 

My input: if you are sure you are correct, refuse (politely) to accept blame. The BiB may switch the decision to the other party just for ease of process (path of least resistance), or they'll just claim 50/50 in which case you are not (may not) be liable for any further damages etc

 

In this situation: if having made the U-Turn and travelling straight (i.e. Truly rear ended), the other vehicle is travelling too fast and at fault - Op could have pushed this issue instead of caving. 

Additionally, riding in the back of a pickup is illegal (although widely accepted) and the insurance will (I think) state the number of seats (persons insured). Thus, anyone over this is riding at the sole responsibility of the pickup driver.

 

Of course, people will just point out that the decision is down to the Police, but the policemsn who attends the scene (or at the station) do not have the final say and you can disagree (politely), the decision will get pushed up the chain. 

 

When I disagreed with the decision that an accident was 100% my fault (accident with an uninsured minivan on a bus route - whose owner came in and made a pay off) the decision was pushed up to the chain and to another station (transport police I think) who quickly decided 50/50 which I accepted and the other party could not claim compensation against me for his 'fake' injury.

 

I was very stubborn, but also very cslm. The Police were polite with me throughout.

 

 

 

 

 

 

Good advice Richard. One of the key messages is to remain polite, very polite. IME once the police see you are polite, they remain so and also encourage everyone else to be.

 

In my recent accident the other driver, who was fined for careless driving having slammed into the rear of my car, didn't want to make eye contact. Eventually the police officer who dealt with the case and my insurance guy told him I wasn't being funny or angry about things and he came over and politely apologized and smiled. 

 

The police are fine if you do as they request, usually politely. If you don't agree with something they're fine as long as you tell them politely and explain your view. 

 

It's an old maxim, but one so easily forgotten here. Never loose your temper, shout or become abusive. It's not accepted and won't be tolerated.

 

We have a very good insurance company, first class insurance, and that is a real must to drive here. In 8 years of driving almost daily here I've had 2 accidents. In both cases someone hit me. The police only attended this time because it was right outside their station!

[ujayujay]

1. Class Insurance and Dashboardcam is all you need if youre responsible or not for the Crash. In Case of Accident first take the SD Card out of the Cam, dont overhand this to any Person, then call your Insurance. Dont make any Statements and if anyone ask for Money (Compensation), dont pay. Reporting on the Policeoffice go with the Insurance Guy and Stay cool.

[Chongalulu]

19 minutes ago, ujayujay said:

1. Class Insurance and Dashboardcam is all you need if youre responsible or not for the Crash. In Case of Accident first take the SD Card out of the Cam, dont overhand this to any Person, then call your Insurance. Dont make any Statements and if anyone ask for Money (Compensation), dont pay. Reporting on the Policeoffice go with the Insurance Guy and Stay cool.

I’m surprised it’s taken this long nor why the OP didn’t mention the vital importance of dashcam. Removing the SD card is a useful tip to avoid it going missing. Having done that ,would you point out to police or anyone else the dashcam (they are unlikely to understand the SD card therefore the evidence is presrved) as a way of warning them not to  falsify statements? Maybe wait until insurance company arrives and point it out to them? Finally,when you call the insurers from the scene does the call handler speak English?

[Mansell]

1 hour ago, burner2014 said:

Thanks for all the input.

 

Super important guys, I don't want to focus at all on the U-Turn thing.  I personally think U-Turns are dangerous and the government thinks the same as they announced a new U-Turn design already due to a high accident rate. (Use google).  And I admitted already according to the law I am wrong.

 

Also having a 1st class insurance is in my opinion a no brainer for that price per year when you buy a new car here.

 

What @Tchooptip is saying is also an option I would consider after my first experience having an accident. I could have done that and I think if the possibility is there I will do that next time. Thai against Thai is just more reasonable.

 

I think what @Daveyh says brings it to the point and @richard_smith237 experience shows that stamina power is important. If someone died just stay the night in the police station if needed and get a lawyer speaking your language. (at least english). If someone has some recommendations for a good lawyer let me know.

 

Go online and check out Isaanlawyers.com the main lawyer is French Canadian and of course speaks English, and he has a few Thai lawyers. He is a good guy, and I have no vested interest in the firm besides using them once. He came recommended by an Aussie who used him for many years.

[Wake Up]

When you rent a car from Avis in BKK they make you sign a paper that says you will call them within 20 minutes of any accident unless you are incapacitated. If you don’t the cost is 2500 baht and you risk losing some insurance benefits. Hertz did not have the same policy. But I have rented several cars in BKK and all companies have required me to have first class insurance to rent the car.

 

I have not been involved in a collision in Thailand but probably will one day. I thought your first class insurance covers you for all injuries or death if you are at fault. Am I wrong? Am I missing something?  Why the need to hire a lawyer so quickly as some have posted?  Are there criminal repercussions if you are sober and simply have an accident?

[rumak]

Is this really Thaivisa ???   I am very surprised that many of the posters on this thread emphasized the need to be polite and stay calm !!    Congrats to those that have learnt that ......as it is usually not a Farang's normal response.

[grkt]

So just like the local idiots you made a u-turn without thinking that you are on the fast lane and without reaching top speed quickly ?

Or also like the local idiots you made a u-turn and crossed 3 lanes instead of staying ont the most right lane where you just u-turned ?

These people will never know anything but I expect foreigners to know more.

When I u-turn I keep left and reach 100 in 4 seconds to reduce the chances that one of those idiots hit me in the back.

 

 

 

[burner2014]

Check the limits of your First Class Insurance.    There are limits and compared to Europe they not super high.  A Personal liability insurance from Europe e.g. covers you for personal liabilities up to 50 million Euros. 

 

About the rest you are not wrong about first class insurance and the coverage. BUT there is also the potential about civil cases  +  you want to keep your visa (most important).   I thought the same .. first class insurance.. no problems at all. After that night I think different and I will not solo rely on a first class insurance.   What I learned the last years there is nothing what you can imagine in Thailand.

[off road pat]

11 hours ago, stevenl said:

A first class insurance will take care of your suggestion number 1.

 

Regarding who is to blame, you made the U-turn. he may get fined for speeding, but while making a U-turn you have to make sure the road is clear.

 

Thanks.

You didn't read the whole story did you ??? " after completing the U-Turn a Pickup crashed into me from the back. "

[Fairynuff]

When I was learning to drive my father said to me always assume everyone else on the road is stupid, I’ve always kept that in mind and it’s spot on here.

i also believe that when driving in Thailand you should forget all the safety rules you learned back home, they don’t work here and will likely cause an accident.

[seabass69]

7. “...Also have someone you trust with you or a lawyer.”  555

[Tchooptip]

8 hours ago, burner2014 said:

Thanks for all the input.

 

Super important guys, I don't want to focus at all on the U-Turn thing.  I personally think U-Turns are dangerous and the government thinks the same as they announced a new U-Turn design already due to a high accident rate. (Use google).  And I admitted already according to the law I am wrong.

 

Also having a 1st class insurance is in my opinion a no brainer for that price per year when you buy a new car here.

 

What @Tchooptip is saying is also an option I would consider after my first experience having an accident. I could have done that and I think if the possibility is there I will do that next time. Thai against Thai is just more reasonable.

 

I think what @Daveyh says brings it to the point and @richard_smith237 experience shows that stamina power is important. If someone died just stay the night in the police station if needed and get a lawyer speaking your language. (at least english). If someone has some recommendations for a good lawyer let me know.

 

I should have added I feel like we are a real family, my wife and I we get along perfectly but also with the rest of the family her daughter told me many times she considered me her father, and she is adorable with me, called me many time just for talking and joking not for asking anything. My wife' sister always try to help, her brother do some work but do not want me to pay it. Sometimes I feel I won the lottery with this family in which in addition to that no one drinks alcohol every day, LOL.  So I was confident I could do that, my last car being a new SUV I bought last year, I understand perfectly having read many suspicious stories, not everyone would be ready to take the risk and probably with reason.

[ericthai]

I've had two accidents in Thailand over the years. One was my fault the second the others guys fault. Both times nobody was hurt.  Police didn't do anything, no tickets nothing. I called the insurance company they came and took care of everything. I was never even asked for my license. However I always have 1st class insurance.

[whaleboneman]

13 hours ago, Daveyh said:

Good advice for everyone ................ Government Insurance will cover most minor costs, but for foreigners you must have "1st  Class Insurance" if you drive here ..... fact. This gives you immediate assistance from a "Thai speaking rep. who will arrive very quickly,, who can verify your insurance details & bail bond, hence have your insurance telephone number in your phone ...... or if you've hired a car you'll probably find the number on the reverse of the "tax sticker" on the windscreen of the car ...... best to check before you hire ok? Allow the rep to do everything & say nothing at all, because invariably within minutes there will be a crowd taking videos of everything that occurs. Some onlookers by the way do charge money for these videos if the other party considers them of value ....... here money is number one & opportunists do not miss a trick!! If nothing serious has occurred you can expect a fine & allowed to depart from the scene ...... however, if it's more than just a bent fender cancel whatever you intended to do as you will be definitely be going to the police station. Again, say nothing & sign nothing ......... if they persist ask your insurance rep. for a lawyer. This may take time & involve an overnight stay in the station, but do not weaken at the thought of it. Bite the bullet & be polite, but firm ....... control the situation yourself through the lawyer. Your insurance should cover everything & be completely relaxed about it. You are not in europe ............... so don't even ask how or where the other party is ..... if they are not at the station you can guarantee they are at the hospital, even if they were not badly hurt. Expect further claims against you ....... just refer them to your insurance company. Do not admit liability of any sort to any third party ..................... relax & let the insurance handle it.

Can you quote the law that states foreigners must have 1st class insurance to drive here? Or are you making up "facts".

[jackdd]

15 hours ago, Daveyh said:

Government Insurance will cover most minor costs

"Government" Insurance will only cover a minor amount of medical costs, but no costs for damage to property

[bandito]

21 hours ago, burner2014 said:

Drive safe guys, I hope you never have an accident with your car. 

First off, you're wrong on all counts.

It's got nothing to do with being a Farang of Thai.

I drive a car here on a daily basis for over 40 years.

You have an accident the police will come especially when there are wounded etc.

I had some accidents and got paid on the spot with help from the police.

No I did'nt have to bribe the police.

The car who crashes in your car in the back is always at fault even in Thailand.

Also all cars involved will be brought or towed to the police station and remain there until the insurances have sorted it out.

At the station there will be an inquiry (IN THAI) which will be written down (IN THAI) and which you have to sign.

You have to provide a translator, I use my wife.

If you accept that you were at fault and pay damages then the police will do nothing.

Also the quilty party will be fined for obstruction of traffic.

I guess you were an easy hit for all Thais involved.

Did you have a Thai speaking person with you or were you driving alone.

Driving to the police yourself?

[catman20]

23 hours ago, ezzra said:

Preaching to the converted...Driving in Thailand has its own dynamics and outdated laws, and yes, if you're a foreigner and involve in an accident, it's your fault whether it is or not, and a wise one will learn very quickly to live with that...

ive been hit in the rear end 2 times first time by a coach insurance came no problem their insurance paid for my repairs, 2nd time a motor bike hit me, i took hes bike keys away and tried to talk to him that he was in the wrong this went on for a while my lady then arrived at the scene and told her and she explained to him he was in the wrong still not getting anywhere so i started to give up gave him his key back told him to go i would pay for my own repairs only about 4,000 baht i think,  he then said to my lady NO FARANG have to pay for his bike.

 

at the time id lived here about 10 years so i said to my lady call the police and should this go pear shaped we would call a lawyer.

 

police arrived, spoke to me asked how long id live here and a few more personal details then asked how much i wanted i said 4,000 baht 30 mintues later someone arrived and paid me my money and everyone went on there way not before the bike rider asked me if i would take 3,000 i laughed to myself inside and said no way. so you can win if your in the right some times. 

[cnx355]

18 hours ago, csabo said:

Right of way dictates f you can't complete the U turn and get up to the same speed or faster than oncoming traffic, you are at fault. Same as any turn a cross a traffic lane. It's your job to wait or be out of the way by the time the incoming traffic gets there. Anyone living in Thailand for any period of time should know exponentially the value of following these rules based on observing average Thai driver ability and the potential for serious repercussions against you based on your nationality and Thai mob mentality. 

It is not be the case in this reported accident, but many car and SUV here drive with 70-80 % window tint in the windshield ( windscreen ) and front side windows.  At night, it is easy for them to miss seeing a motorbike or a car coming or misjudge the speed.    

[mogandave]

When I was learning to drive my father said to me always assume everyone else on the road is stupid, I’ve always kept that in mind and it’s spot on here.
i also believe that when driving in Thailand you should forget all the safety rules you learned back home, they don’t work here and will likely cause an accident.

What safety rule that you leaned back home would likely cause an accident here?

[stevenl]

On 5/13/2018 at 7:07 AM, ezzra said:

Preaching to the converted...Driving in Thailand has its own dynamics and outdated laws, and yes, if you're a foreigner and involve in an accident, it's your fault whether it is or not, and a wise one will learn very quickly to live with that...

Nonsense.