Motorbike accident

[Kenny202]

Had an accident this morning on the bike. I was doing a right hand turn and 2 girls on a motorbike coming straight T boned me. Essentially my fault as I was right turning but quite a few mittagating circumstances. There was also another bike involved who signalled to turn left then continued on. Lets say its my fault. What I am really concerned about is what happens now. It looks like its going to be one of these things sorted out at the police station. There were 2 girls on the bike that hit me...no tax insurance and quite possibly no license. The 2 girls got minor cuts etc but no big apparent injuries.

 

I am happy to pay fair costs for the motorbike etc but have heard to many stories of farang getting rinsed in these scenarios.

 

For eg they ask for a ridiculous amount. We would of course negotiate to what is fair. Saying this doesnt work...

 

Am I within my rights to get a lawyer...go to court etc if the asking price is ridiculous? I dont want this of course if it can be avoided. I have seen someone in a similar position where they were totally threatened and intimidated into paying then and there in the P station (the officer was clearly on a collectors fee) even under threat of being locked up for what was essentially a civil matter. He stuck to his guns and came out well.

 

Where do I stand? If it happened the other driver didnt have a license or tax does that strengthen my position?

 

I am happy to pay a fair amount and take responsibillity. I just dont want to be raped. I am in a big city by the way not out in the bush. Wud appreciate advice from anyone been in a similar position

 

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[South]

Each case is different but I personally have had a few accidents here and each time the police involved have been surprisingly unbiased and fair. You may well be surprised.

[giddyup]

I take it you have no insurance either? Otherwise ring the company and let them sort it out.

[Kenny202]

I take it you have no insurance either? Otherwise ring the company and let them sort it out.

I have govt tax insurance ie 3rd party but not comprehensive. Funnily enough I only bought the bike a few weeks ago, its an expensive bike and I did ask the Mrs to get a full comprehensive quote thinking more about loss or theft of the bike. In hindsight of course I wish I had

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[giddyup]

9 minutes ago, Kenny202 said:

I have govt tax insurance ie 3rd party but not comprehensive. Funnily enough I only bought the bike a few weeks ago, its an expensive bike and I did ask the Mrs to get a full comprehensive quote thinking more about loss or theft of the bike. In hindsight of course I wish I had

Sent from my SM-J730GM using Thailand Forum - Thaivisa mobile app
 

How anyone can own a bike or a car in Thailand without comprehensive insurance is beyond me, more so falangs.

[Kenny202]

Surprised didn't get more response but all done and dusted now so will post my experience here if someone is interested....

 

The accident itself was me doing a right hand turn. As I performed my turn, stupid woman across the road proceeded to do a U turn right in front of me leaving me stranded across the oncoming lane and nowhere to go. The girl who hit me was coming towards me in the oncoming lane. She had a good 40 metres to see me and either slow down or stop but hit me full speed. I was stationary. I can only imagine she was either playing with her phone or planned to duck around me at the last minute and couldn't. She hit me full tilt like she never even saw me. She was travelling so fast in fact after colliding with me, her front wheel was bent into a figure 8 and had pushed back into the engine puncturing the motor. With all the fuel around lucky the bike didn't explode. The two girls on the bike ended up face down on the road. She hit me just rear of my leg. I was on a Honda Forza 300 and it knocked me over and the bike spun around on the ground. I stayed on the bike and wasn't even scratched. Another 6" forward I would have lost my leg. The woman doing the u turn left the scene and there were no witnesses apart from after the accident 100 people taking facebook selfies and generally making a nuisance of themselves. One girl was uninjured and the driver had a graze on her chin and broke 2 teeth (no helmet). Both spent the night in hospital under observation.

 

A few days after the accident we had to all meet down at the police station. I must say right from the word go the Police were excellent. No self interest at all only mediating. Turns out the girl was 15yo. No license no insurance. I had been told if other driver unlicensed automatically they're in the wrong. We went and inspected her bike and the family initially said they were only interested in covering the repairs to the bike. I figured they knew they weren't in a good position as the girl was unlicensed. I told them I was happy to do the right thing as long as they were fair. So they totted up the bike damage...I agreed it was ok and told them I wanted to settle it today. They went away had a little pow wow and came back with a list including broken mobile phone, helmet, a price for "shock" per girl etc etc. Total 35k Thai baht. I told them there was no way I was paying that, my lawyer told me to pay nothing as she was unlicensed and uninsured and if they don't want to be fair we'll go to court. Even the police were asking them why they were being greedy. Told the family I knew what I was talking about and I was trying to do the right thing. The other party got up and said fine we'll go to court. It didn't look like they were bluffing either. The girls family by the way seemed like quite reasonable middle class Thais...but I guess any Thai sees an opportunity.. So after a bit more negotiating we settled on 20k THB. 

 

My bike had minimal damage, a couple of panels...2000 baht including a service which was due. Can not say enough about the safety of the Forza. I'm sure would have been a whole different outcome on a lighter bike.

 

I spoke to my insurance company after and in contrast to all other advice I had they say because the girl was not licensed would be a factor, but not the only factor. Should it have gone to court it could have went either way the fact she was young and I am a foreigner.

Funnily enough I have noticed every time I go out driving I could be in a similar situation 5 times where an accident wouldnt my fault but I would be in a position where technically it was my fault. For eg driving along a narrow road where someone is double parked you need to go over the other side of the lane to get around them. Some other idiot coming full tilt the other way etc. Very vulnerable here.

 

For anyone interested I now have 3rd party property and personal insurance on my bike. Coverage for other persons property and medical expenses up to 300k THB. Cheap as chips at 1700 baht per year from Viryah. I did want to get full comprehensive on my bike but apparently only available for bikes under 2yo 

Edited November 28, 2018 by Kenny202

[canthai55]

1 hour ago, Kenny202 said:

 I did want to get full comprehensive on my bike but apparently only available for bikes under 2yo 

Shop around. I use Tokio Marine. PCX over 5 years old. Needed inspection first time this year.

300K per person

10M per accident

500K property damage per accident

2250 Baht

 

Edited November 28, 2018 by canthai55