Another motorbike accident topic

[ExpatBKK1]

Hi all,

I've read some of the topics regarding motorbike accidents but am looking for some opinions on my situation.

Had a motorbike accident today in Bangkok. Was driving on a 3 lane road, going from the middle to the right lane to make a right turn into a soi. There was a car behind me that slowed down, so I made the turn and was hit hard by a motorbike going straight ahead. He was in the lane on the right (out of the three) but not making a right turn and just going straight ahead, coming from the side of the car. I never even saw him coming and he hit me on the right side while I was making the turn. Obviously he should have been on the middle or left lane if he wanted to go straight.

The other guy is Thai and had a woman on the back. He was pretty banged up and bleading from his head and screaming. I don't even know if he had a helmet on beause he did have a head wound. Did not get up. Woman had skid marks as did I. People were around and helped, ambulance and police arrived. Took us both to the hospital and the guy was actually sort of passed out/sleeping next to me in the ambulance. They took him to emergency and at the hospital they cleaned and bandaged my skid marks. Police came and took my licence (I have a Thai motorbike license) and asked me what happened. Told me to come to the police station later to pick up my bike and license.

After finishing up at the hospital, for which I did not have to pay because of some standard accident insurance in Thailand? I went to the police station, where I got my license back and they made a copy of my ID. They asked me to sign a form, which after calling a Thai friend, was a form for insurance purposes, apparently just stating an accident happened. They said they would contact me later and that they would also question the guy later to determine who is responsible and such.

I am just wondering what is best to do now and what could happen. Obviously I've heard of stories where they try and put the blame on the foreigner. I think in this situation the other guy is to blame and even though I feel bad for his condition, I don't want to get in to a situation where a payout is demanded of me. My bike is damaged, but I can handle the couple of hundred dollars its likely going to cost. Police officer told me the guy was OK, but I wonder what could happen here. Can they claim that I am liable for damages to bike and person?

Any advice or opinions are appreciated.

Thank you.



 

[Isaanbiker]

The police officer's report is basically deciding whose fault it was and if the Thai guy didn't wear a helmet, he's to blame for his head injuries if it's not your fault. 

 

     It will only go to court if no "solution can be found", which means that both parties have met the police officer(s) to finalize the report.

 

 I do know that such police reports are often "modified" after one party paid a good amount of money, but I'd guess that your insurance will pay for his bike and his insurance for yours, as it looks like a 50 to 50 accident. 

 

  If he's asking for money for his injuries, ask for a lot more and add some injuries that just occurred after the accident. ( Spine, etc..)

 

  Your insurance will know what's going on, get in touch with them.

 

   Best of luck! 

 

  

  

 

 

[Kwasaki]

Don't worry not your fault it's all cover by CTPL gov ins thats what it is for.

If it was your fault you would have to pay for the damage to his bike and anything else he or you damaged.

[scubascuba3]

Sounds like you have mandatory insurance only?

 

It also sounds like it was your fault, turning right from the middle lane, why weren't you in the right lane?

 

Mandatory insurance covers 30k of medical, its 80k if not your fault. Same for him if he has tax and insurance.

 

If your fault then i guess you will have to pay for repairs, maybe compensation to rider, I'm not sure. In UK they seem to settle 50/50 often as its hard to prove. Your word against his.

 

Consider blind spot mirrors, I've just bought some and they are excellent for seeing everything behind and side

 

 

[ExpatBKK1]

Thanks for your replies. I forgot to mention that this is a rental bike, I don't know if that changes insurance and stuff, though I work here so I do pay taxes. The hospital mentioned I did not need to pay for my hospital bill because of some insurance, so I guess that is the standard mandatory insurance?

I was in the middle lane, on the right side, but yeah I guess I should have been on the right lane. I made the turn a bit late that's why, though I could say he was in the wrong lane too, going straight in a lane is meant for going right.

I am guessing he has a concussion or something because he hit his head and they hold him in the hospital and also would think the police would not have just let me go if there was something really serious going on.

Worst case scenario seems to be that I would have to pay for his bike damages? I'd say its more of a case of 50/50 but will see how it goes. I do have private liability insurance from Europe, but doubt this is covered.

Does the mandatory cover that you mention of 30k covers any damages to him? My hospital bill was 5k, so that leaves 25k? Or that's not how it works?

Thanks again.

 

Edited June 8, 2019 by ExpatBKK1

[scubascuba3]

Thanks for your replies. I forgot to mention that this is a rental bike, I don't know if that changes insurance and stuff, though I work here so I do pay taxes. The hospital mentioned I did not need to pay for my hospital bill because of some insurance, so I guess that is the standard mandatory insurance?

I was in the middle lane, on the right side, but yeah I guess I should have been on the right lane. I made the turn a bit late that's why, do I could say he was in the wrong lane too, going straight in a lane is meant for going right.

I am guessing he has a concussion or something because he hit his head and they hold him in the hospital and also would think the police would not have just let me go if there was something really serious going on.

Worst case scenario seems to be that I would have to pay for his bike damages? I'd say its more of a case of 50/50 but will see how it goes. I do have private liability insurance from Europe, but doubt this is covered.

Does the mandatory cover that you mention of 30k covers any damages to him? My hospital bill was 5k, so that leaves 25k? Or that's not how it works?

Thanks again.

 

Good no one was badly hurt. My guess is you will have to pay for damages.

Let us know what the outcome is

[Orton Rd]

They can blame you if it's not your fault and it can have no relation to the law. He will have basic insurance in with his road tax. If you really think it is not your fault do not let them pressure you into agreeing it is, if your insurance guy is good you will be OK. If you admit guilt, even if you did not cause the accident then they can all pile in for money one way or another.

[scubascuba3]

They can blame you if it's not your fault and it can have no relation to the law. He will have basic insurance in with his road tax. If you really think it is not your fault do not let them pressure you into agreeing it is, if your insurance guy is good you will be OK. If you admit guilt, even if you did not cause the accident then they can all pile in for money one way or another.

He hasn't got an insurance guy

[jadee]

If it's a rental bike - you should contact the rental company to check the type of insurance. It should be more than just CTPL, in my opinion but I don't know what the company has in place. 

[Orton Rd]

2 minutes ago, scubascuba3 said:

 

 

He hasn't got an insurance guy

 

Oh not so good then

[scubascuba3]

and BTW, it should have been avoided by looking in the mirror and a look to the right before turning. Live and learn

[ExpatBKK1]

Well, I was looking at the right, actually looked back over my shoulder. Was only a car behind me that slowed down. The motorbike dude was on the other (wrong) side of the car (I guess) so I could not see him.

Anyway, thanks for the replies and information. I guess its just wait and see for the police to contact me and if its worst case scenario it won't be too much.

[jadee]

If you're wondering what could happen and worried about being blamed, I can share my experience of being in a minor collision with a taxi motorbike.
I was pulling out of a junction very slowly, the cars to my left had stopped but a biker sped around the stationary cars on the wrong side of the road and just scraped the front bumper of my car. Luckily, he didn't come off his bike - it could have been so much worse.
Anyway, the biker had no insurance but wanted to wait for my insurance guy to come. When my insurance guy arrived, he talked to me first, then the biker, and then said we had to go to the police station. I had similar fears about being blamed but what happened surprised me: the police officer spoke with me and the biker and, after I explained what happened, the office wrote  the report and fined the biker for having no insurance. 
My advice to the OP is to contact the rental company about what type of insurance the bike was covered by. If you are called to a police station, go with the insurance rep. In hinges on what type of coverage you have, and as my experience shows, if the guy who hit you wasn't insured then it won't go unnoticed.