Moo Baan incident (Parked car/Kid )

[BEVUP]

Another Falangs wife was telling my wife that a kid hit a brand new car (Red Plates ) in the Moo Baan with his bike.

The story goes that it will cost 10,000 bht to fix

Wife was telling me that the owner of vehicle has Insurance, but is unwilling to use it, & wants the Parents of the child to pay.

 

So Questions

? Why should she be expected to pay

 

? Even though there are "No Fault " clauses, would she default on any future benefits from Insurance Company. IE : Cheaper Premium renewal (maybe if like 100/200,000), No Claim Bonus (if they have here )

 

? Ect/Ect 

[maximillian]

What kind of big damage can a child with a bicycle cause to a car

that costs 10.000 Baht to repair ?

Even then, better to pay without bothering the insurance company.

[BEVUP]

57 minutes ago, maximillian said:

What kind of big damage can a child with a bicycle cause to a car

that costs 10.000 Baht to repair ?

Even then, better to pay without bothering the insurance company.

The women who owns the new car wants the kids mother to pay, owner is not willing to claim on insurance

[stevenl]

The person who causes the damage is responsible, which is why in western countries liability insurance is common. Here far less, and normally these claims are handled by the car insurance, even though that would mean higher premium on renewal.

 

The car owner not willing to do that is legally correct, but in Thailand commonly the car owner would claim.

Edited July 5, 2018 by stevenl

[blackcab]

Vicarious liability for minors is set out in the Thai Civil and Commercial Code, Section 429:

 

429. A person, even though incapacitated, on account of minority or unsoundness of mind is liable for the consequences of his wrongful act. The parents of such person are, or his guardian is, jointly liable with him, unless they or he can prove that proper care in performing their or his duty of supervision has been extended.

 

The minor is responsible for their actions, and so are the parents. I would suggest discussing the matter with the parents and trying to reach a compromise. More quotes to repair the damage should be obtained, because 10,000 baht can repair a lot of damage.

 

If the parents refuse to pay, then the only option is to sue them in the Civil Court. This will take years and cost thousands. After everything, the parents could say they were closely supervising the child and it was an unforeseeable accident that happened in a fraction of a second, which would make the claim less certain to succeed...