Motorbike hits an illegally parked car. Who is at fault?

[keysersoze276]

Hey all.  I just returned from Vietnam, fresh out of quarantine.  My motorbike sat dormant for 16 months.  This morning I tried and got it started, surprisingly.  I let it idle and gave it a few revs.  I have a broken foot so I was standing next to the bike, not sitting on it.  I was shifting my balance and it slipped out of my hands and hit a parked car at my condo.   The car wasn't in a parking space.  It was kinda between blocking the condo building entrance and motorbike parking area (which is common in Thailand for cars to block other cars in spaces, etc.). Not even a scratch on my Honda Click, but it put a significant dent in the car.  The owner of the car has insurance, my plates are expired and I don't have insurance.  Am I liable for damages in this scenario?  Waiting for the insurance man to come look at it and would like to know what the law is regarding this before I get raked over the coals.  Any knowledge legal links would be highly appreciated.  I haven't had luck on google so far.  TIA

 

[Kwasaki]

4 minutes ago, keysersoze276 said:

Am I liable for damages in this scenario? 

Yes.

[canthai55]

I had two girls on an old Fino crash on the road to my right, as I was waiting for traffic to clear leaving the market. They slid down the road, and hit the lower RH corner of my front bumper.

Lots of yelling, finger pointing, etc. I called my insurance company and they arrived promptly.

Police came, white paint on road showing location of my car and the crashed bike. Took all the details - DL number, ID card number, etc from me.

Girls had no helmets, no insurance, no tax, bald tires, etc

Met with the cops the next week, I gave the girl driving the bike 2000 THB, girl passenger 1000 THB, documented with fotos.

Insurance taking care of the rest.

All names entered in a giant book at the police station, we all signed, finished.

[richard_smith237]

You have to ask ??? - Wow.. some people !!!! 

 

How was the car parked illegally BTW ???.....   Not being in a parking bay does not mean a car is illegally parked. 

 

Ultimately, you were not in control of your bike and hit a stationary object. 

 

What happens next is out of your hands. 

 

In the same situation, if you’d crashed into my car and then accused me of parking illegally and attempting to deflect blame in my direction, not only would I claim for damages to the car, I’d also claim for a hire-car while my car is being fixed. 

 

OR, if you were very apologetic, recognised your stupidity, I’d probably accept just the cost of the hire car while I claim on my insurance. 

 

 

 

[richard_smith237]

4 minutes ago, canthai55 said:

I had two girls on an old Fino crash on the road to my right, as I was waiting for traffic to clear leaving the market. They slid down the road, and hit the lower RH corner of my front bumper.

Lots of yelling, finger pointing, etc. I called my insurance company and they arrived promptly.

Police came, white paint on road showing location of my car and the crashed bike. Took all the details - DL number, ID card number, etc from me.

Girls had no helmets, no insurance, no tax, bald tires, etc

Met with the cops the next week, I gave the girl driving the bike 2000 THB, girl passenger 1000 THB, documented with fotos.

Insurance taking care of the rest.

All names entered in a giant book at the police station, we all signed, finished.

 

Why did you have to pay them ????

 

Was your car blocking the road? (if they fell, slid off and their bike skidded into your car). 

 

IF your car was on the road I can see why you may have faced blame. 

IF you car was not on the road, there is no way you should have faced any blame.

 

It seems the path of least resistance was taken, you gave money because you could afford to, everyone happy. 

[A1Str8]

You caused damage. You're liable. 

[Maha Sarakham]

• It slipped out of my hands and hit a parked car at my condo.   
• Am I liable for damages in this scenario?

???  Who else would be liable here?

[2 is 1]

44 minutes ago, keysersoze276 said:

Am I liable for damages in this scenario? 

Yes you have to pay but dont pay too much to insurance guy/woman! I had to pay one time crash and they ask 40000 bth first. After better half called insurance company i pay 8000 bth! 

[guzzi850m2]

Off course it's your fault, how can you even ask!!

[gargamon]

You probably shouldn't be in control of a vehicle...

[richard_smith237]

2 minutes ago, gargamon said:

You probably shouldn't be in control of a vehicle...

 

Well, to be fair to the Op, he never claimed he was in control of a vehicle and the outcome certainly confirms he wasn’t !!!  ????

Edited April 21, 2021 by richard_smith237

[keysersoze276]

16 minutes ago, 2 is 1 said:

Yes you have to pay but dont pay too much to insurance guy/woman! I had to pay one time crash and they ask 40000 bth first. After better half called insurance company i pay 8000 bth! 

The insurance man is saying the damages will be 20-25,000, split 50/50.  The wife is negotiating and is I told her to go for 5,000, He said 12,000, then 10.  She got him to 8,000 and won't budge.  Half as well as you did!

 

[wprime]

14 minutes ago, gargamon said:

You probably shouldn't be in control of a vehicle...

 

He wasn't. ????

[Covedian21]

 I have a broken foot so I was standing next to the bike, not sitting on it.  I was shifting my balance and it slipped out of my hands and hit a parked car at my condo.

 

The owner of the car has insurance, my plates are expired and I don't have insurance.

 

A broken leg on a bike without tax and insurance and then it slipped out of your hands and hit an illegally parked car.

 

   It's time to shift your balance psychologically. 

[Ventenio]

take it to court.  tell them this illegal car ruined you meditation and caused loss of motor function.....then ask for 100 million baht.

 

saw a family crossing the street today, illegally.  I was in my plane, going Mach 5.  you think it's my fault if i hit them?  no way......

 

this is Thailand.....if they are riding the wrong way on the street, you are not to blame if in a tank.  

[surangw]

depends on who owns the car

[expatjustice]

Inside a condo it is private property, so as far as the traffic regulations are concerned there is no such thing as illegal parking. 

 

The juristic office of your condo might have a rule saying that it illegal to park at a certain spot. But in the eyes of the Traffic Police, wherever he was parked it is perfectly legal.

[Andy from Kent]

 

I doubt a reasonably intelligent person would even ask this question of liability.

 

Of course you're liable.

[topt]

1 hour ago, canthai55 said:

Met with the cops the next week, I gave the girl driving the bike 2000 THB, girl passenger 1000 THB, documented with fotos.

Insurance taking care of the rest.

As another poster said - why? If you were stationary and they crashed into you I'm genuinely confused why you and your insurance needed to pay them? (if insurance was to sort yours out then understood but not the payment to them......).

[Pmbkk]

 

If it was me, I'd apologize and explain the bizarre incident. They'll obv' know you didn't do it on purpose.

 

Offer to pay for the damage - if he adds on a little, fine. He is the one that has been inconvenienced.

 

To be honest I'm amazed you asked the question of who is culpable...

[keysersoze276]

1 hour ago, guzzi850m2 said:

Off course it's your fault, how can you even ask!!

My fault, yes.  Clearly my bad.  A question of law and liability, concerning

the insurance company.

 

[keysersoze276]

11 minutes ago, Pmbkk said:

 

If it was me, I'd apologize and explain the bizarre incident. They'll obv' know you didn't do it on purpose.

 

Offer to pay for the damage - if he adds on a little, fine. He is the one that has been inconvenienced.

 

To be honest I'm amazed you asked the question of who is culpable...

I am a little untrusting when it comes to insurance agents.  I wasn't trying to dodge responsibility to the owner.

 

 

[keysersoze276]

13 minutes ago, Pmbkk said:

 

If it was me, I'd apologize and explain the bizarre incident. They'll obv' know you didn't do it on purpose.

 

Offer to pay for the damage - if he adds on a little, fine. He is the one that has been inconvenienced.

 

To be honest I'm amazed you asked the question of who is culpable...

It wasn't between me and the owner.   The car was insured.

 

[keysersoze276]

30 minutes ago, expatjustice said:

Inside a condo it is private property, so as far as the traffic regulations are concerned there is no such thing as illegal parking. 

 

The juristic office of your condo might have a rule saying that it illegal to park at a certain spot. But in the eyes of the Traffic Police, wherever he was parked it is perfectly legal.

Got it.  Thanks.

 

[gargamon]

15 minutes ago, keysersoze276 said:

It wasn't between me and the owner.   The car was insured.

 

How much is the deductable on the owner's insurance. You should obviously be responsible for that too. As for the owner's insurance, as you are totally responsible for the incident, they should/will be coming to you to reimburse them for any/all costs associated with the incident including attorney fees, etc.

 

I reiterate my earlier post. You should not be in control of a motor vehicle.

Edited April 21, 2021 by gargamon

[blackcab]

2 hours ago, keysersoze276 said:

Am I liable for damages in this scenario?

 

Yes. You are completely liable. The car was stationery and your bike hit it. The fact that the car was not in a parking space has nothing to do with it. On private property vehicles are not obliged by law to be in a parking space.

 

You cannot blame the vehicle for being in the wrong place at the wrong time. Your actions caused the damage. One question that is always asked is what if it wasn't a parked car... What if is was a child? Would it be the child's fault for standing there?

[keysersoze276]

18 minutes ago, gargamon said:

How much is the deductable on the owner's insurance. You should obviously be responsible for that too. As for the owner's insurance, as you are totally responsible for the incident, they should/will be coming to you to reimburse them for any/all costs associated with the incident including attorney fees, etc.

 

I reiterate my earlier post. You should not be in control of a motor vehicle.

 

[keysersoze276]

20 minutes ago, gargamon said:

How much is the deductable on the owner's insurance. You should obviously be responsible for that too. As for the owner's insurance, as you are totally responsible for the incident, they should/will be coming to you to reimburse them for any/all costs associated with the incident including attorney fees, etc.

 

I reiterate my earlier post. You should not be in control of a motor vehicle.

Turns out you are wrong about everything you stated here.  And I never claimed to be in control of a vehicle.  I stated clearly that I was standing next to it holding it up while it was idling, (on one foot with the other foot broken and in a cast.  Couldn't get it up on the kickstand.  Try having a little compassion here.  I need that bike up and running 100% by tomorrow.  I was checking the condition, getting the fluids moving after 16 months of it sitting dormant.  I wasn't sitting on it, I wasn't driving it.  Anyway, case closed.  I negotiated with he insurance and paid 8,000 cash of an estimated 20-25k.  They will take care of the rest.   Signed and done.  No police report, no attorneys.

[impulse]

44 minutes ago, keysersoze276 said:

Turns out you are wrong about everything you stated here.  And I never claimed to be in control of a vehicle.  I stated clearly that I was standing next to it holding it up while it was idling, (on one foot with the other foot broken and in a cast.  Couldn't get it up on the kickstand.  Try having a little compassion here.  I need that bike up and running 100% by tomorrow.  I was checking the condition, getting the fluids moving after 16 months of it sitting dormant.  I wasn't sitting on it, I wasn't driving it.  Anyway, case closed.  I negotiated with he insurance and paid 8,000 cash of an estimated 20-25k.  They will take care of the rest.   Signed and done.  No police report, no attorneys.

 

Now they'll take it down and get it fixed for 3000 baht...

 

[CharlieH]

As a Judge once said 'If you werent in Thailand it wouldnt have happened, so YOU are liable."  ????

 

You are responsible without doubt.