Car - motorbike collission compensation

[ksamui2018]

So i had an accident where thai motorbike driver  collided with my yaris.  

 

Technically accident was my fault,  i was doing u-turn at night where i was not supposed be doing, had 2 beers prior.  Nevermind that motorbike was driving with dim lights,  full speed and no helmet and no insurance or tax paid. Anyhow,  I accept the blame. 

 

So upon collision to the rubber wheel of my car,  no damage, just slight allignment issue which was fixed next day

 

Motorbike has couple of minor cosmetic damages and driver lady has a few scratches/bruises.

 

Motorbike is owned by third party rental shop who was happy with repair coverage and didnt need more.

 

Upon collision motorbike driver insisted that they want me to take her to hospital and not wait for ambulance. I called my first class insurance to inform of this.  They instructed me to clear everything at hospital first and come back to accident place to sign all forms. 

 

No police was involved. 

 

So my insurance covered all hospital expenses to the lady (even future should some conditions develop) ,  full motorbike repair cost and workmen salary compensation for the amount of days she will be out of work at minimum wage rate without salary slip or higher if she can provide salary slip (5 days rest cover as per doctors note - can extend with new note from local clinic) 

 

The lady is not happy because she works as private house cleaner and is not technically employed but will loose income. So she cannot get higher than min wage from my insurance.

 

So the lady now wants more money from me as "stress money" and money to cover loss of income for 10 days at rate of 500 /day. I recon shes aiming for 10000 high. 

 

My thai partner was asking her for expectation,  but the lady only say "how much can your farang give"?

 

Insurance rep has been very supportive and told us to hold off any payment. He said when their final insurance payout is done, if we want,  he will pass on any "stress money" paymeny directly by himself and make them sign case closed. 

 

I really dont mind to pay some basic to avoid loss of time and energy, but what would be appropriate amount concidering that insurance covers motorbike full, 300*5days salary and all medical expenses. The injuries are minor bruises and scratches and basic sprain of foot.  No broken bones no stitching. 

 

Ive been told by some our thai and foreign friends to just ignore payment request and tell them to get lost as my insurance is providing comprehensive cover. 

 

Would appreciate any advise if you had similar case. 

[Vacuum]

5 minutes ago, ksamui2018 said:

full speed and no helmet and no insurance or tax paid

Tell her to bugger off.

[KMartinHandyman]

Tell her no more payout in a nice way without any experience in the subject is my instinct. If she argues and gets threatening have your Thai partner ask her if she and her employer want a visit from the taxation department. She is making almost 60% above the minimum and not paying taxes like many of the lowest paid people that get their income reported.

[Kwasaki]

1 hour ago, ksamui2018 said:

My thai partner was asking her for expectation,  but the lady only say "how much can your farang give"?

I think that says it all Mr. Gravy-train  ?  your insurance has covered it. 

[ksamui2018]

16 minutes ago, Kwasaki said:

I think that says it all Mr. Gravy-train  ?  your insurance has covered it. 

"Mr.  Gravy Train" haha well said ?

[scubascuba3]

The benefit of 1st class insurance is you can leave it to them. But, depends if you have some guilt. She is poor, cannot work, may not get paid from insurer for loss of earnings, it was your fault and been drinking. Maybe 2000, see it as charity

[ksamui2018]

7 minutes ago, scubascuba3 said:

The benefit of 1st class insurance is you can leave it to them. But, depends if you have some guilt. She is poor, cannot work, may not get paid from insurer for loss of earnings, it was your fault and been drinking. Maybe 2000, see it as charity

Yea 2000-3000 is what i was leaning to. Waiting see what insurance settles with them first. I dont believe more is needed as no significant injuries and all property damage is fully covered. 

[Rc2702]

I wonder what had 2 beers prior really means. If it really was just 2 beers why would anyone mention it.

 

 

[scubascuba3]

Yea 2000-3000 is what i was leaning to. Waiting see what insurance settles with them first. I dont believe more is needed as no significant injuries and all property damage is fully covered. 

Seems reasonable. I'd be tempted to give the money early to avoid the stress for her. May have very little savings. My thai girl friend had an accident the other day, the girl on the bike asked my friend "how much can you give" in thai, seems standard practice here

[ksamui2018]

1 minute ago, Rc2702 said:

I wonder what had 2 beers prior really means. If it really was just 2 beers why would anyone mention it.

 

 

Means i should not have been driving,  fault is clearly mine. 

[Rc2702]

Just now, ksamui2018 said:

Means i should not have been driving,  fault is clearly mine. 

So she likely knew this too. If you are 100% at fault then do what is morally right and pay her 10k and the insurance and learn the lesson. This could have been a lot worse and even if you pay the 10k you have got off very lightly and hopefully you will think twice about D&D in the future. Thanks for your honesty too. 

[BestB]

Why would you even contemplate giving her any money?

 

whatever claims she has, she can take it up with insurance.

 

Her stress money is her problem, accidents happen.

 

cleaner at a private house? , no helmet, no license? Wish her the best and stop even talking with her

[BestB]

7 minutes ago, Rc2702 said:

So she likely knew this too. If you are 100% at fault then do what is morally right and pay her 10k and the insurance and learn the lesson. This could have been a lot worse and even if you pay the 10k you have got off very lightly and hopefully you will think twice about D&D in the future. Thanks for your honesty too. 

Morally right? What the hell

is that?

 

She is getting her bike fixed , medical covered and days off work covered.

 

what is morally wrong with that?

 

 

[stevenl]

1 hour ago, BestB said:

Why would you even contemplate giving her any money?

 

whatever claims she has, she can take it up with insurance.

 

Her stress money is her problem, accidents happen.

 

cleaner at a private house? , no helmet, no license? Wish her the best and stop even talking with her

Not correct.

 

OP is responsible, has admitted so. If his insurance does not cover for damages, it is him personal who should be. She has nothing to do with the OP's insurance.

 

Now in real life OP's insurance will negotiate directly with the victim, and if there are reasonable claims not covered under insurance it is the OP who is responsible for those payments. And if she really has a loss of income greater than the insurance cover, her claim is reasonable.

[BestB]

3 minutes ago, stevenl said:

Not correct.

 

OP is responsible, has admitted so. If his insurance does not cover for damages, it is him personal who should be. She has nothing to do with the OP's insurance.

 

Now in real life OP's insurance will negotiate directly with the victim, and if there are reasonable claims not covered under insurance it is the OP who is responsible for those payments. And if she really has a loss of income greater than the insurance cover, her claim is reasonable.

I have no idea what you going on about when OP clearly stated insurance is paying .

 

And if she really has a loss of income than she should prove it 

[seajae]

if the op wasnt over the legal limit he has nothing to worry about, if she wants more money then she has to prove it, 500 a day seems way too much for house cleaning, more like what she can get out of it. If the bike was not road worthy/legal and she wasnt licenced then she should get nothing, more factors in this than just being the ops fault, if on the other hand he was over the limit  then he does need to make it up to her but only if she is genuine and not just looking to make a quick buck

[BestB]

Just now, seajae said:

if the op wasnt over the legal limit he has nothing to worry about, if she wants more money then she has to prove it, 500 a day seems way too much for house cleaning, more like what she can get out of it. If the bike was not road worthy/legal and she wasnt licenced then she should get nothing, more factors in this than just being the ops fault, if on the other hand he was over the limit  then he does need to make it up to her but only if she is genuine and not just looking to make a quick buck

In this case another peasant looking for free money with her “stress money” bs.

 

i am surprised insurance is paying when she is unlicensed and riding an unregistered vehicle , if anything she should consider herself lucky that she is not the one being forced to pay for all damages .

 

i recall some years ago one of those “cleaners” wanted 5000 in damages because my dog bite her leg , only my dog is never outside the house  to bite anyone 

 

just low life scammers 

[ksamui2018]

10 minutes ago, BestB said:

I have no idea what you going on about when OP clearly stated insurance is paying .

 

And if she really has a loss of income than she should prove it 

Yea i agree that if insurance does not cover,  it is me who should cover. 

 

Insurance is willing but the lady does not want to follow through insurance process. 

 

when asked to prove what she earns by insurance she is refusing to provide. Insurance was very flexible with the level of doccument required.  Surprisingly insurance went as far as simply getting hand written confirmation from her.  If they write 2000/day, or 500/day insurance will pay full on top of the fact that her job is not daily.  In real life she may work 1 day per week or 2 days per week,  she works part time on call by call basis.  So she is getting more than her real salary would be. 

 

The issue here is that lady wants some hard cash from me directly on hand regardless. 

 

As for the alcohol issue,  it was never part of discussion with the Lady and still it isnt. Whether i was sober or not,  i would still be liable for accident because i was making illegal u-turn in front of her. 

[BestB]

2 minutes ago, ksamui2018 said:

Yea i agree that if insurance does not cover,  it is me who should cover. 

 

Insurance is willing but the lady does not want to follow through insurance process. 

 

when asked to prove what she earns by insurance she is refusing to provide. Insurance was very flexible with the level of doccument required.  Surprisingly insurance went as far as simply getting hand written confirmation from her.  If they write 2000/day, or 500/day insurance will pay full on top of the fact that her job is not daily.  In real life she may work 1 day per week or 2 days per week,  she works part time on call by call basis.  So she is getting more than her real salary would be. 

 

The issue here is that lady wants some hard cash from me directly on hand regardless. 

 

As for the alcohol issue,  it was never part of discussion with the Lady and still it isnt. Whether i was sober or not,  i would still be liable for accident because i was making illegal u-turn in front of her. 

Bud, no need to justify yourself , I am with you and once again pay her nothing. It’s just an opportunist scammer. I doubt she even works.

[ksamui2018]

Just now, BestB said:

Bud, no need to justify yourself , I am with you and once again pay her nothing. It’s just an opportunist scammer. I doubt she even works.

Thanks man :)! I appreciate your reassurance on this.  I believe ignoring her is the way to go. 

[Vacuum]

2 hours ago, Rc2702 said:

I wonder what had 2 beers prior really means. If it really was just 2 beers why would anyone mention it.

 

 

Good point. Perhaps he had a couple before posting? 

[Vacuum]

32 minutes ago, BestB said:

In this case another peasant looking for free money with her “stress money” bs.

 

i am surprised insurance is paying when she is unlicensed and riding an unregistered vehicle , if anything she should consider herself lucky that she is not the one being forced to pay for all damages .

 

i recall some years ago one of those “cleaners” wanted 5000 in damages because my dog bite her leg , only my dog is never outside the house  to bite anyone 

 

just low life scammers 

From the OP: 

Quote

"how much can your farang give"?

Says it all.

[NanLaew]

3 hours ago, ksamui2018 said:

Insurance is willing but the lady does not want to follow through insurance process. 

They never can wait.

 

3 hours ago, ksamui2018 said:

The issue here is that lady wants some hard cash from me directly on hand regardless. 

They always do.

 

The state lottery is on 16th and she's probably going to use your registration number 'for lucky' but wants your cash to buy the lottery tickets. It's a karma kinda thing... like your karma ran over her dogma.

Edited September 9, 2018 by NanLaew

[stevenl]

5 hours ago, BestB said:

I have no idea what you going on about when OP clearly stated insurance is paying .

 

And if she really has a loss of income than she should prove it 

Yes, that is quite common with people who don't know how insurance works.

 

And of course she should prove it, or OP should believe her.

[BestB]

6 minutes ago, stevenl said:

Yes, that is quite common with people who don't know how insurance works.

 

And of course she should prove it, or OP should believe her.

Really , ohh mighty one , do tell which insurance pays stress money and money for off work without any proof? Not to mentioned 30 days sick leave for a vehicle accident 

 

fire away , can not wait to read some nonsense 

[tropo]

5 hours ago, ksamui2018 said:

Thanks man :)! I appreciate your reassurance on this.  I believe ignoring her is the way to go. 

If you want to be really fair about this, find out what a Thai person in your shoes would pay and go with that. Anything more is "Farang tax". You've done your duty by paying for first class insurance.

[richard_smith237]

6 hours ago, ksamui2018 said:

Yea i agree that if insurance does not cover,  it is me who should cover. 

 

Insurance is willing but the lady does not want to follow through insurance process. 

 

when asked to prove what she earns by insurance she is refusing to provide. Insurance was very flexible with the level of doccument required.  Surprisingly insurance went as far as simply getting hand written confirmation from her.  If they write 2000/day, or 500/day insurance will pay full on top of the fact that her job is not daily.  In real life she may work 1 day per week or 2 days per week,  she works part time on call by call basis.  So she is getting more than her real salary would be. 

 

The issue here is that lady wants some hard cash from me directly on hand regardless. 

 

As for the alcohol issue,  it was never part of discussion with the Lady and still it isnt. Whether i was sober or not,  i would still be liable for accident because i was making illegal u-turn in front of her. 

It seems you have been extremely fair. 

 

You should not have been making the U-Turn... She should not have been on the road. 

 

Your insurance is offering pay out if she can provide any proof at all, even a hand written note from an employer of her income and they will match it. 

 

The lady is dragging her heels on getting any proof is avoiding any official dealing with the insurance and simply wants a cash handout from the Op. 

 

While we may all feel sympathetic to the injured lady, the Op seems to be extremely willing to play ball, he's being extremely fair.

 

Its possible the lady is showing a little greed and attempting to take advantage of the Op. 

-----------

 

In this situation I'd suggest its all up to the insurance company, the Op doesn't really have any further dealing in the process other than his succumbing to a little guilt and perhaps being prepared to pay something to feel better about the situation.

 

 

 

 

[Spidey]

13 hours ago, ksamui2018 said:

My thai partner was asking her for expectation,  but the lady only say "how much can your farang give"?

I would have been inclined to give her 2000 as a goodwill gesture. However, as soon as I heard these words, I would have immediately told her to take it up with the insurance company. Clearly sees you as a farang ATM, not nice. If you do give her money she will probably come back and hit you for more.

 

Give her nothing, refuse any further contact with her and kick her into the long grass.

[cornishcarlos]

13 hours ago, ksamui2018 said:

because i was making illegal u-turn in front of her. 

 

You were taxed and insured, she was not....

Sounds like the insurance company is being more than fair with her and she is just taking the piss..

Stay out of it and let the insurance deal with her. Maybe she will learn a lesson about riding illegally ??

[stevenl]

8 hours ago, BestB said:

Really , ohh mighty one , do tell which insurance pays stress money and money for off work without any proof? Not to mentioned 30 days sick leave for a vehicle accident 

 

fire away , can not wait to read some nonsense 

As I said, she should proof it.

 

Please read and understand.