Pedestrian hit by a car, need advice

[Liverpool Lou]

6 hours ago, actonion said:

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

That does not make any sense.  If your 1st Class policy covered the damage incurred in that incident (and it would) there's no way an insurer would refuse to pay out, regardless of fault.   

Damage caused by an insured's error is still covered by 1st class insurance, that's what insurance is there for.  If I back into my gatepost, that is my error and I'm the only one who can be blamed but I can still claim on my insurance for repairing the damage.    Maybe you only had 3rd party cover? 

 

Which insurance company made that alleged decision?

[natway09]

Did you grease the wheel ?

[snowgard]

6 hours ago, actonion said:

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

Why you not make a court case? Why you not call your insurance?

Police cannot rule something. Only the court can.

[Salerno]

6 minutes ago, snowgard said:

Why you not call your insurance?

7 hours ago, actonion said:

I was blamed for the accident by Police & "MY" Insurance company

[canthai55]

For what it's worth - unless you have a huge hospital bill ...

Forget Lawyers - you will pay more than you ever receive - after waiting years.

Just put it down to the continuing cost of your education

[Smithson]

1 hour ago, Liverpool Lou said:

What are you talking about?   It was not relevant because he had done nothing that involved "children or seniors".      This is not about irrelevant drink driving, either

Because a dangerous driver presents a risk to the public. Which is why people are charged for driving offences even though nobody is injured.

[snowgard]

1 hour ago, Salerno said:

 

Sorry, I don't saw that it was your insurance, but so or so it don't give a "break to fast law".
Who hit the backside is at fault because they not take care the traffic and the minimum space rule.
 

It's your right to fight against it. With a dashcam and photos after the accident it wouldn't be a problem.
 

[Liverpool Lou]

29 minutes ago, Smithson said:

2 hours ago, Liverpool Lou said:

What are you talking about?   It was not relevant because he had done nothing that involved "children or seniors".      This is not about irrelevant drink driving, either

Because a dangerous driver presents a risk to the public. Which is why people are charged for driving offences even though nobody is injured.

But they're not charged for things that haven't happened yet!  That was my point.

[RocketDog]

8 hours ago, Freddy42OZ said:

That only works if you need to walk in that direction. 

Wait a minute. The road goes both ways. Choose the side that is flowing against your chosen walking direction.

Did I really need to say that?

Are all the roads in your home country one way only?

[atpeace]

46 minutes ago, RocketDog said:

Wait a minute. The road goes both ways. Choose the side that is flowing against your chosen walking direction.

Did I really need to say that?

Are all the roads in your home country one way only?

Many roads in Thailand and my home country only go one-way.   Walking across the street accomplishes nothing.  You do understand one-way?

[RocketDog]

41 minutes ago, atpeace said:

Many roads in Thailand and my home country only go one-way.   Walking across the street accomplishes nothing.  You do understand one-way?

I understand one way but also live here and simply disagree with you.

You popped off a wrote a silly thing. Get over it.

Fini

[thesetat2013]

On 7/28/2021 at 3:09 PM, wprime said:

If he intentionally hit you that's actually very serious here. You just need to explain this clearly and respectfully to the police with the video and they'll help.

 

More likely, there isn't enough evidence to show it was deliberate so it is being attributed to negligence which is trivial here. If he's co-operating in ensuring your medical bills are paid (either through his insurance or directly), he's not going to get fined or punished criminally. There's nothing you can do about this.

Actually do not listen to this guy.. if a person walking is struck by a vehicle and they are at fault.. the law is very protective of people walking. You can make a case against them. Go to the police and inform them you wish to prosecute. Bring a lawyer because you are also entitled to a civil suit which will demand they pay damages to you. 

I was recently in a similar situation and learned all this. The criminal part for their driving can and would be dismissed if the driver pays you compensation.. I had to pay someone 150,000 baht and they walked into me haha.. hit the police said it was still my fault because it was at a crosswalk. After a couple months they walker settled for the cash and the police made a statement all was settled .. You need to go get a lawyer or a thai to speak out and make this happen. Even the vehicles insurance will pay you off. Get off your butt and do something.. or nothing will happen

[wprime]

1 hour ago, thesetat2013 said:

Actually do not listen to this guy.. if a person walking is struck by a vehicle and they are at fault.. the law is very protective of people walking. You can make a case against them. Go to the police and inform them you wish to prosecute. Bring a lawyer because you are also entitled to a civil suit which will demand they pay damages to you. 

I was recently in a similar situation and learned all this. The criminal part for their driving can and would be dismissed if the driver pays you compensation.. I had to pay someone 150,000 baht and they walked into me haha.. hit the police said it was still my fault because it was at a crosswalk. After a couple months they walker settled for the cash and the police made a statement all was settled .. You need to go get a lawyer or a thai to speak out and make this happen. Even the vehicles insurance will pay you off. Get off your butt and do something.. or nothing will happen

I'm trying to figure out what exactly you're telling people not to listen to. You've pretty much advised the same thing I said.

 

 

[actonion]

17 hours ago, snowgard said:

Why you not make a court case? Why you not call your insurance?

Police cannot rule something. Only the court can.

Go to court & the thai man says..... "no have money", then i lose more money paying court costs

 

[snowgard]

1 hour ago, actonion said:

Go to court & the thai man says..... "no have money", then i lose more money paying court costs

 

In real I had call to the insurance headquater and reported it and asked for a case review.

No insurance pay something if they don't must pay.

[richard_smith237]

9 hours ago, thesetat2013 said:

Actually do not listen to this guy.. if a person walking is struck by a vehicle and they are at fault.. the law is very protective of people walking. You can make a case against them. Go to the police and inform them you wish to prosecute. Bring a lawyer because you are also entitled to a civil suit which will demand they pay damages to you. 

I was recently in a similar situation and learned all this. The criminal part for their driving can and would be dismissed if the driver pays you compensation.. I had to pay someone 150,000 baht and they walked into me haha.. hit the police said it was still my fault because it was at a crosswalk. After a couple months they walker settled for the cash and the police made a statement all was settled .. You need to go get a lawyer or a thai to speak out and make this happen. Even the vehicles insurance will pay you off. Get off your butt and do something.. or nothing will happen

 

Was the Op on a ‘crosswalk’ ? (zebra crossing or crossing with traffic lights?) or was it just a part of the road or condo drive way ?

 

Also - the Op has not answered the question: ‘how does he know the drive of the car deliberately tried to hit him’?  and how can he prove that ?

[Liverpool Lou]

6 hours ago, snowgard said:

In real I had call to the insurance headquater and reported it and asked for a case review.

No insurance pay something if they don't must pay.

"No insurance pay something if they don't must pay".

There's always a reason for that.   

No insurer refuses payment of a claim simply because they don't want to pay a few thousand baht, which is a drop in the ocean to an insurance company.

[atpeace]

23 hours ago, RocketDog said:

I understand one way but also live here and simply disagree with you.

You popped off a wrote a silly thing. Get over it.

Fini

You live here and don't understand in many cities throughout Thailand it can be a 10 minute walk to arrive at a street going the opposite direction.  Been drinking?

[Mr Meeseeks]

On 7/28/2021 at 7:32 PM, EricTh said:

Zebra crossing in Thailand means 'you cross when there is no incoming car' and not cross even if there is incoming car. The law here is different from western laws.

Wrong. The law is the same but completely ignored by motorists.

[Mr Meeseeks]

On 7/29/2021 at 11:47 AM, MrJ2U said:

Unfortunately cars have the right of way in Thailand.

Not by law.

[MrJ2U]

16 minutes ago, Mr Meeseeks said:

Not by law.

I'm not familiar with Thai traffic laws.  But one would assume running over pedestrians is a no no.

 

Hopefully the gentleman gets compensation.  

[MrJ2U]

On 7/30/2021 at 8:32 AM, wprime said:

I'm trying to figure out what exactly you're telling people not to listen to. You've pretty much advised the same thing I said.

 

 

Yes, an exhausting read.

[canthai55]

8 hours ago, Mr Meeseeks said:

Wrong. The law is the same but completely ignored by motorists.

Yup the law will protect you.

Lying in your hospital bed, thinking "But I was in the Right"

555

[Mr Meeseeks]

8 hours ago, canthai55 said:

Yup the law will protect you.

Lying in your hospital bed, thinking "But I was in the Right"

555

Everyone should know that the law won't protect you in Thailand, but there still is a law, for whatever it may be worth.

[canthai55]

43 minutes ago, Mr Meeseeks said:

Everyone should know that the law won't protect you in Thailand, but there still is a law, for whatever it may be worth.

Worth 2/10 of 3/8 of nothing