Who is legally at fault here?

[Mike West]

If a person riding a scooter (with a full Thai bike licence) hits a woman crossing the road, at a non zebra crossing, no traffic lights, and she crossed without looking at the last second and gets hit.
Who is legally at fault? I am getting mixed answers from different people. thank you 

Edited December 22, 2019 by Mike West

[Denim]

People will say the rider is at fault because he hit the woman , even though she stepped out without looking.

 

As for the letter of the law ?

 

A very nebulous thing in Thailand and when things go to court the judges ' interpret ' the law to their own satisfaction rather than apply it as written down.

[4MyEgo]

If you are a farang and you hit her, you are up for it, sorry to say, no, I'm not joking, their system works like this, who has more money has to pay for damages.

 

Forget about legal here, just try and come to an arrangement and move forward, i.e. pay for her hospital costs at least and give her a wai, maybe 1,000 baht in her pocket too.

 

Just saying....you did ask, and that is my opinion, maybe backed up by some others ?

Edited December 22, 2019 by 4MyEgo

[brokenbone]

the motorist are always at fault world wide,

on rare occasions it can be deemed a fluke of tuff luck,

but the motorist is between a rock and a hard place in any court.

i always get an extra insurance covering 3rd party in case i bump into a $1 million mercedes or pedestrian

 

Edited December 22, 2019 by brokenbone

[Mike West]

2 minutes ago, 4MyEgo said:

If you are a farang and you hit her, you are up for it, sorry to say, no, I'm not joking, their system works like this, who has more money has to pay for damages.

 

Forget about legal here, just try and come to an arrangement and move forward, i.e. pay for her hospital costs at least and give her a wai, maybe 1,000 baht in her pocket too.

 

Just saying....you did ask, and that is my opinion, maybe backed up by some others ?

thanks for a sensible reply, very rare here lol 

[Rhys]

Just now, Mike West said:

thanks for a sensible reply, very rare here lol 

 

Just now, Mike West said:

thanks for a sensible reply, very rare here lol 

Indeed, common sense is appreciated.

[canthai55]

 

do you have First Class insurance ?

[Don Mega]

28 minutes ago, 4MyEgo said:

If you are a farang and you hit her, you are up for it, sorry to say, no, I'm not joking, their system works like this, who has more money has to pay for damages.

 

 

what a massive steaming pile of buffalo excrement... do you actually believe the <deleted> you dribble ?

[Mike West]

11 minutes ago, canthai55 said:

 

do you have First Class insurance ?

only the normal accident/medical insurance which covered her up 30,000 baht in treatment. 

[Mike West]

31 minutes ago, 4MyEgo said:

If you are a farang and you hit her, you are up for it, sorry to say, no, I'm not joking, their system works like this, who has more money has to pay for damages.

 

Forget about legal here, just try and come to an arrangement and move forward, i.e. pay for her hospital costs at least and give her a wai, maybe 1,000 baht in her pocket too.

 

Just saying....you did ask, and that is my opinion, maybe backed up by some others ?

I just don't agree with the "who has more money has to pay for damages." why? this way they will never learn or get penalized. 

[Don Mega]

4 minutes ago, Mike West said:

only the normal accident/medical insurance which covered her up 30,000 baht in treatment. 

that figure seems low, I thought it was up to Bt80,000

[Don Mega]

3 minutes ago, Mike West said:

I just don't agree with the "who has more money has to pay for damages." why? this way they will never learn or get penalized. 

Its utter nonsense, ignore the troll.

[4MyEgo]

1 minute ago, Mike West said:

I just don't agree with the "who has more money has to pay for damages." why? this way they will never learn or get penalized. 

When you say penalised, you mean a fine of 400 baht, or 200 baht cash in the cops pocket, if school kids on a bike with no helmet, push ups on the road side, a wai and then on they go to school, on the bike with no helmet. Unregistered/unlicensed drivers paying their fine and allowed to move forward with the same vehicle they were stopped with.

 

No point penalty system yet, no licenses, no registration, no insurances, welcome to Thailand, it is what it is, it is what it has been and it will be what it will be in the future, just duck and weave to survive, don't try to change it, your just a crazy farang in their eyes, and if you don't like it here then go back, regardless if you have a better alternative or point. 

[Sheryl]

That she stepped abruptly in front of you would normally  be reason not to face any sort of criminal charge (though if she is well connected all bets are off).

 

But I sense criminal liability isn't the issue here but rather who pays for injuries sustained.  In a vehicle hits pedestrian scenario it is always the vehicle and of course all should have compulsory insurance for such eventualities. Your problem will be if:

 

1. Medical expenses genuinely exceed the insurance pay out  OR

 

2. They don't but she finds a way to exaggerate them or seeks other pay out. As not infrequently happens when a foreigner is involved.

 

Best if possible to just refer any requests to your insurance co, and let them handle it.

 

Has she filed a police complaint?  And do you know the extent of her injuries?

[roo860]

On 12/22/2019 at 10:26 AM, Don Mega said:

that figure seems low

 

[Don Mega]

4 minutes ago, roo860 said:

30,000bt max.

Just checked my insurance company (roojai), are they wrong or is the por ror bor insurance  for scooters different ?

 

 

https://www.roojai.com/en/car-insurance/compulsory/

Edited December 22, 2019 by Don Mega

[4MyEgo]

9 minutes ago, Don Mega said:

what a massive steaming pile of buffalo excrement... do you actually believe the <deleted> you dribble ?

I'm a believer of what I say, although I can't say that I would lower myself to one's standards such as your vulgarity. I have an opinion, you have an opinion, no need to be insulting, besides, I like my dribble ????

[Don Mega]

1 minute ago, 4MyEgo said:

I'm a believer of what I say, although I can't say that I would lower myself to one's standards such as your vulgarity. I have an opinion, you have an opinion, no need to be insulting, besides, I like my dribble ????

 

But you are categorically wrong. so believe what you want but you should not post false information.

Edited December 22, 2019 by Don Mega

[4MyEgo]

4 minutes ago, Don Mega said:

But you are categorically wrong. so believe what you want but you should not post false information.

Are you still going on about this.

 

Perhaps the poster can give us a further update when the matter is sorted, i.e. after his insurer refuses to pay, or pay above xyz and then he has to dip into his own pocket.

 

Please get a grip on reality, I might be wrong in your mind, but it's my dribble oi.

[Orton Rd]

Learned this year that the law is often irrelevant here when it comes to who carries the blame in a traffic accident

[Don Mega]

6 minutes ago, Orton Rd said:

Learned this year that the law is often irrelevant here when it comes to who carries the blame in a traffic accident

Ive learnt on numerous occasions over the years it works exactly the way it does back home in Aus.

Rather amusing to see the at fault person told to go sling it by the police when they try it on and stooge the farang  "cause he has big money".

 

In saying that i did admit fault to one accident when it was clear the elderly lady that ran into me had no means to cover damage or hospital bills.... I instigated that, she was not trying to stooge me.

Edited December 22, 2019 by Don Mega

[Puchaiyank]

Are you a farang?  There's your answer.

[spiekerjozef]

Farang fault

[canthai55]

1 hour ago, Mike West said:

only the normal accident/medical insurance which covered her up 30,000 baht in treatment. 

And herein lies the problem.

With First Class you would hand all this to the insurance company.

They would negotiate with the police, the injured party, they know how things work here.

Many Many Many threads I have read over the years ... situation the same as yours.

Would you be satisfied with the piddly amount of insurance offered here back where you come from ?

[ChouDoufu]

On 12/22/2019 at 9:40 AM, Mike West said:

If a person riding a scooter (with a full Thai bike licence) hits a woman crossing the road, at a non zebra crossing, no traffic lights, and she crossed without looking at the last second and gets hit.
Who is legally at fault? I am getting mixed answers from different people. thank you 

if all the above is true, then the pedestrian is at fault.

 

as the thai motor vehicle regulations generally follow those of western countries, legally you should be blameless.  additionally, you should be entitled to sue for any damages to your scooter caused by the pedestrians actions.

 

this is assuming you were following all traffic laws.......safe speed, correct side of road, not texting, etc.

 

how that plays out in a thai police station or courthouse is another matter entirely.......

[tinca tinca]

cctv (IF WORKING) would help in a case like this....the person could have bebut I think the motorist would cop for it....

[Kwasaki]

2 hours ago, Don Mega said:

that figure seems low, I thought it was up to Bt80,000

Yes if is not your fault. 

[Kwasaki]

1 hour ago, canthai55 said:

And herein lies the problem.

With First Class you would hand all this to the insurance company.

They would negotiate with the police, the injured party, they know how things work here.

Many Many Many threads I have read over the years ... situation the same as yours.

Would you be satisfied with the piddly amount of insurance offered here back where you come from ?

And also another problem try getting 1st class ins on some scooters.

[donnacha]

As a general rule on ThaiVisa or, indeed, any forum, you should ignore anything said by a poster who, in later posts, reveals himself to be unhinged.

Unless you have have your own footage of an accident, which indisputably demonstrates the other party's fault, as a farang hitting a Thai you are unquestionably at a disadvantage.

You might be lucky in having a fair-minded police man attend, or witnesses willing to attest your innocence, or the other party being mature enough to accept responsibility for their own mistake.

Bear in mind, however, that many Thais will perceive as "fair" an outcome in which the farang, who can obviously afford it, covers any costs. That can be enough for the cop to assign more credibility to the other party's version of events, or for witnesses to decide not to get involved, or for the other party to omit certain details.

That is a reality of living in Thailand as a foreigner. Some people may have had different personal experiences, but that does not alter the greater reality.

 

Edited December 22, 2019 by donnacha

[Kwasaki]

2 hours ago, Don Mega said:

Just checked my insurance company (roojai), are they wrong or is the por ror bor insurance  for scooters different ?

 

 

https://www.roojai.com/en/car-insurance/compulsory/

CTPL is all the same for m/c, wave type & scoots and if you can get voluntary 1st for 2 wheels you're lucky. 

OP hasn't told the extent of ladies injuries so the outcome is usually resolved by discussion and this can work out better for both sides falangie or no falangie.

 

Kids, adults, old people, bicycles, scoots small & waves, big scoots & big bikes, small cars, big car, pick up truck, lorries & truck a law unto themselves. That's how I see the order of things judged upon.  ????

 

Sometimes its considered fair sometimes not,  as said one of those things to avoid if at all possible in Thailand.