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Pedestrian hit by a car, need advice


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Dear Forum Members, I am hoping for some advice.  I was hit by a car while walking on the little alley/soi in front of my condo in Bang Lamung, just north of Pattaya.  Below is a frame from the condo's security video.  Police have spoken with the driver, taken my report, watched the video, seen my hospital receipt (doctor's report pending) and are doing nothing (not even issuing a ticket).  A Thai lawyer says it is clear from the video that the driver intentionally hit me with his car, yet the worst punishment the driver might face for a first offense would be a simple ticket.  Can anyone confirm this?

C50038D7-056C-4D4D-93CF-8DCB0C6E0598.png

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Frankly I would say it's a wait and see whether your lawyer is for real if you are having to pay him. 

Really I would need to know what else your lawyer has said, and whether it could be proved it was intentional or just an accident.

What are the extent of your injuries.?

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I'm often guilty of deliberately getting in the way of w Somchais when I see them driving like they own the road.

I'm also really good at acting like I have no idea what I'm doing wrong, while infuriating them. For example when I feel one is driving too fast in an area where I'm walking.

 

I am happy to be proven wrong here, but I wouldn't be surprised if the OP is walking in the driveway of the condo and not getting out of the way quickly enough.

In this case, the OP would be wrong, as it's not a pedestrian area.

Therefore, Somchai may have become (rightly) irritated by him and (wrongly) clipped him on the way past.

Unless the OP is seriously hurt, I would drop it, learn from it and move on.

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I was a passenger when my expat friend opened his car door without checking/noticing a lady on a motorbike, his actions caused her to suddenly swerve and she ended up falling down hard.  We jump out of his car and as a crowd starts gathering we notice she's obviously pregnant. She gets taken to the hospital via ambulance due to her being pregnant involved in a vehicle accident. Police and his insurance company show up to take reports.

Long story short, we are told to meet up at the local police station a few days later, and everyone involved gives their version of what happened to the policeman and the pregnant lady has her hospital bills in hand.  After this a video is shown to all of us from a nearby security camera, where my friend is clearly at fault.  The policeman explains to my friend he can either say he's at fault right there in the police station and work out payment to the lady through his insurance or out of pocket (his choice) or he can say he's not at fault and the case will go to court.  He took responsibility and agreed to pay her hospital bills and pain/suffering,  it came out to around 24,000 (IIRC).

 

OP, if the driver doesn't claim responsibility, it seems your next step is to take the driver to court to try and recoup your hospital bills and money for pain and suffering. Good Luck. 

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2 minutes ago, Steven Pattaya said:

the driver stop the car and honk its horn immediately before accelerating and hitting me.

Come on!

If you were in the road and he stopped, from 0 miles/kilometres per hour it's only possible to accelerate.

Were you on a 'road' or a place where vehicles can drive, or on a footpath or pavement? I know the answer, and wonder why you didn't get out of the way.

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3 hours ago, chuang said:

Intentionally hitting someone with a vehicle is culpable homicide.. correct me if I am wrong..555

You're wrong, this is Thailand, US offences don't count and there was no homicide, the person involved is alive and well, writing the OP.    Apart from that, you were correct.  

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New member (maybe a new account from an old member).

Bullsh*t story.

No sympathy.

Dare I say an attempt at getting lots of attention and replies because we're all bored under lockdown?

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58 minutes ago, Liverpool Lou said:

"...perhaps a child or senior will be next".

Completely irrelevant.  He cannot be punished for something he hasn't done that could happen in the future!

 

"I and at least one witness (who does not want to be involved)..."

No witnesses, then.

 

"the vehicle had already impacted me and was actually carrying me down the road on its hood by the time it entered the camera's field of view"

Yet you show a picture of you not being carried down the road on the bonnet but no picture of you on the bonnet?  How come?

Ding Ding Ding, we have a winner!

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My advice is get a new lawyer.

I couldn't view the video, but no matter what it shows, it's not evidence that the driver "intentionally" hit you. 

 

Any legal action you take would be to recover damages, not to punish him. That's not your job here.
 

You can only sue him for damage he caused you, and unless the video shows you were doing something wrong, like walking in the street, just him hitting you should be enough evidence for that.

 

P.S. I am not a lawyer so this is all just my personal opinions.

 

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When Police and Insurance assesors ( like mine ) apply rules that happened in my case....  ..dont hold out too much hope.

 

I was driving my pick up on Sukhumvit road  when the line of traffic skidded to a halt, including me, seconds later i was smashed into from the rear, Police and my Insurance were called, the Thai who smashed into me had no Insurance,. I was blamed for the accident by Police & "MY" Insurance company, when i asked why, they said i had stopped to quickly ( in an emergency braking situation, i had to pay for my own damage 80.000 baht......Complaints to my  insurance remained unanswered

Edited by actonion
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16 hours ago, chuang said:

Intentionally hitting someone with a vehicle is culpable homicide.. correct me if I am wrong..555

Not in Thailand - you just run home to Mummy and Daddy, wait till the police politely ask you numerous times to please, please, visit the police station, 'when you possibly have the time to do so', leave it to the family to provide large brown envelopes - and then disappear abroad for enough years, so that the charges expire. then, you can come back a hero!

 

besides which, the RTP probably can't spell 'culpable homicide', - let alone pronounce it or better still, have any idea what it is!

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15 hours ago, VocalNeal said:

Steve,

We were always taught to walk facing the traffic. Then you can see what is coming. Next time.

Exactly and my children are learning the self same lesson.

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