Our first traffic accident, just what is the law?

[Orton Rd]

Yes we know but the agent is an idiot, I keep telling the Mrs to let them get on with it. Spent 8 hours so far at the Station, not going again, as far as the insurance is concerned that all got signed off, took them 30 minutes just to do that.

[NightSky]

Here money is the law.

 

 

[Isaanbiker]

On 4/19/2019 at 4:18 PM, mike787 said:

Sadly, this is life in the LOS.  The cost of doing business (living) here.  I don't like it.  But it's "reality". Some who read my comment are shocked and surprised....that is called denial.  Get the brown envelope out, make sure it's a thick one.  Hope you have many more envelopes, you will need them.

I've been living here for 17 years and never needed such a brown envelope. How come? 

[JimmyJ]

9 hours ago, Orton Rd said:

Bit of a misunderstanding on my part. Cops ordered a new mri scan...

How can the cops order that and not the hospital?

 

If the hospital didn't recommend it what do the cops have to do with overriding medical decisions?

They can give advice but it's up to the injured party and the doctors.

At least in normal meat world.

[NanLaew]

15 hours ago, Orton Rd said:

Yes we know but the agent is an idiot, I keep telling the Mrs to let them get on with it. Spent 8 hours so far at the Station, not going again, as far as the insurance is concerned that all got signed off, took them 30 minutes just to do that.

At least AXA are a bit more on the case but I really can't understand why they insist on using the same plonker unless you are so remote, there's only the one. Or maybe the cops are so bent there that none of the other subcontracting agents will touch it with a barge pole.

 

That's the end of it. Your wife isn't going to get charged so nobody needs to go waste more time going there.

 

7 hours ago, JimmyJ said:

How can the cops order that and not the hospital?

 

If the hospital didn't recommend it what do the cops have to do with overriding medical decisions?

They can give advice but it's up to the injured party and the doctors.

At least in normal meat world.

Because these cops are hell bent on getting their 10k baht which is their nominal 'walk-away' fee. They have no business second guessing the first doctor at the hospital but there's nothing to stop them either.

 

The OP or his good wife could have paid 10k at the get go and it most likely would have all gone away. They could also have retained a lawyer who may have charged over 20k to make that 10k 'claim' go away.

Edited May 19, 2019 by NanLaew
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[richard_smith237]

On 4/23/2019 at 8:34 AM, brokenbone said:

On 4/22/2019 at 5:43 PM, richard_smith237 said:

 

Then Section 47 comes into play.... 

 

The motorcyclist 'was overtaking' in an area where carefulness is required on the roadway - thus it was illegal for the motorcyclist to overtake at that location.

 

Either way you are still not in the wrong... You have the Land Traffic Act, you have a photo of the accident. Just tell them you will not accept any blame, according to the LTA and Thai law your wife did not make any mistake. 

 

Section 47 (400-1000B)

No driver of a vehicle shall drive his vehicle to overtake or pass another vehicle by, in doing so, going beyond the roadway's middle line that is marked or where there is a traffic sign indicating a danger area or an area in which carefulness is required on the roadway.

 

 

newsflash, there is no traffic sign and there is no uninterrupted line indicating forbidden overtaking

News flash - or an area in which carefulness is required on the roadway... 

 

If carefulness was not required - how did the motorcyclist crash then ?

 

This is an obvious stitch up... The Op was turning right into a road. The motorcyclist was riding the wrong way down the street, but says he was overtaking. 

 

Its also illegal to overtake near a junction. The Thai apologists will suggest that this is not a junction as its a private roadway - Thats rubbish. It's a junction. 

 

The motorcyclist is so obviously in the wrong here. 

 

The Op had once course of action at the very beginning - His wife should have refused to accept any responsibility for the motorcyclists fault, and if the Motorcyclists pushes it, suggest charges will be filed for to cover the cost of a hire car while the Ops car is being replaced. 

 

Now the BiB have their teeth into a potential pay out, loss of face prevents them from back tracking. But the Op still has a chance to tell his wife, no way... Just walk away, tell them to file whatever charges they want, they will be happy for the case to go to court - In the photos alone they have enough proof that the motorcyclist was in the wrong.

 

 

 

 

[Orton Rd]

Difficult to see how anyone could think a bike in this position was overtaking, illegally or not, or that it is not a junction, it certainly seems like one when trying to get out onto the road. As soon as I saw it I knew he had just been coming straight down the road on completely the wrong side, but the Police verdict was we cut him up when over taking us, and the insurance dummy agreed. Bike rider was never interviewed but said later he did not see the car. I think it will end up in court which is where we should have gone and would have if we had not been told the car would have to be impounded, live and learn.