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Proving Fault in Car Accidents

 

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Having a car accident is never a pleasant experience. Just when you are experiencing the shock of being involved in an accident, you are supposed to remember all the essential things that you need to as a result of the accident.

 

Here at Roojai.com we understand how difficult it can be for you. We try to make it as easy as possible to make a claim and also to understand who is responsible for the accident.  

 

Roojai.com has a unique mobile application that enables claims to be made online.  Customers are encouraged to download the app for instant access to a quick to complete claim form from their mobile phones.

 

After an accident, it is common for parties involved to argue over responsibility and fault. So, when you make a claim, you should know the facts and collect evidence.

 

Here are the most important tips below.

 

Police Reports

 

If the police were called to attend the scene of your accident, they probably would have filed an official report. Try to get the details from the police and a copy of the report.

 

Occasionally the police officer at the scene will give his opinion of who was responsible so a statement from him would really help.

 

This sort of back up evidence can give great support to your argument that another person was responsible for the accident.

 

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No Doubt Liability

 

There are certain accidents that are called No Doubt Liability accidents, when the other driver or person is 99% held responsible, and in these cases insurance companies hardly bother to argue the issue.

 

Rear End Collisions

 

Rear End collisions (when somebody hits you from behind) are a top example of no doubt liability accidents, even if your vehicle had not actually stopped.

 

One of the basic rules of the highway requires that a vehicle can stop safely at any time, especially if there is standing traffic ahead. If the driver is unable to do this then he is not driving as safely as the drivers in front of him.

 

The other tell-tale sign of rear end collisions that it was not your fault is when your vehicle is smashed in at the back end and the front of his car is damaged.

 

The car that hit you may try to blame somebody else, perhaps another car that hit him from behind and pushed him into you. This may have been the case but nevertheless he is still responsible for crashing into you.

 

You have to bear in mind there are one or two reasons that could reduce your compensation, which are called comparative negligence. These could include if your rear lights were not working, or that your car had broken down and you had not taken significant steps to warn other drivers.

 

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Onboard Cameras

 

Recent technology can also be really beneficial to backup your claim of non-liability. Dashboard and rear mounted cameras are especially good at providing evidence to support your claim.

 

If you are not certain of any of the issues we have discussed in this blog then simply contact us today and speak to one of our knowledgeable advisers.

 

Posted

I've been told by the friend of a friend that if you have an on board camera, you should pop the card after the accident and agree to send the video to police / insurers, as I understand , it wouldn't be the first time a card has been "lost" if handed over at the scene and the victims case scuppered. As I say, no first hand experience just bar chit chat.

 

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Posted
7 hours ago, gamini said:

If you are insured with a good insurance company. They will give you a number to ring and one of their representatives will appear on the scene of an accident immediately. They will deal with the matter, including claims and decide who is responsible. If no one is injured you can immediately leave after their arrival.

as far as I know all insurance companies in Thailand send an accident investigator to the scene of an accident. However, you can only leave if one of the parties accepted responsibility. If not, all parties involved have to go to the nearest police station

Posted

My experience of an accident on Koh Samui where I had first class insurance was the claiming. My car was clunking when I braked and needed to be fixed immediately. I was informed it would take a month to fix the bodywork etc. but I needed to return to my home in Korat. So I just wanted the suspension damage fixed and do the bodywork later....the insurance company wouldn't do this two part fixing and I would have to pay for the immediate damage. It turned out to be 3500 baht, so I got that done and paid it myself. Got the bodywork done later at home and had to pay 2000 baht to get the car back, I was told this was because the accident was my fault. Six weeks later some horrible noises from the front of the car which turned  out to be more structural damage that came to light over time and progressively, but was from the original accident. So I paid another 9000 baht for a total of out of pocket of 14,500 baht, which is somewhat amusing as my total insurance is 8000 baht a year. A bit frustrating dealing with insurance here.....also if you are in Bangkok they will pay for a rental for you, but not anywhere else. I am not complaining about all this, just info for the less informed when it comes to accidents here. One! And the police officer on the island kept grinding on about needing a thousand baht to get the paperwork expedited, which I eventually paid to get out of the damn place.....so a total of 15,500 baht.

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