Danger? Loaning My Scooter to a Friend

[Ebumbu]

Hi everyone. I have a Thai friend who is broke. I plan to lend her my scooter. It's registered to me, but I didn't keep insurance active. I use a car now and don't need the scooter. My car is legal and insured. If she were to get into an accident with my scooter, could I be held responsible for damage? How do I avoid that? Do I need to go to Land Transport to renew insurance with her name on it? Do I need to bring the bike with me? I hurt my hip and avoid riding scooters now. Thanks! 

[Spamhead]

If she were to get into an accident with my scooter, could I be held responsible for damage? 

 

I believe that should read when , not if.

[KhunBENQ]

21 minutes ago, Ebumbu said:

but I didn't keep insurance active.

How old is the scooter?

When was the last year the scooter was taxed/insured?

 

Normally there is no need for YOU to take care about tax/insurance/testing. She can do.

Registering it to her name is a different story.

 

 

Edited September 10, 2022 by KhunBENQ

[swerve]

Get your scooter road taxed and then let her ride it.  

 

The bike needs to go to the road tax place with your green book.  Costs about 500 baht/year. Your lady friend could do that for you.

[papa al]

38 minutes ago, Spamhead said:

If she were to get into an accident with my scooter, could I be held responsible for damage? 

 

I believe that should read when , not if.

Spambrain believe any thing.

smh

[Ebumbu]

34 minutes ago, swerve said:

Get your scooter road taxed and then let her ride it.  

 

The bike needs to go to the road tax place with your green book.  Costs about 500 baht/year. Your lady friend could do that for you.

OK. This is at the Land Transport office where I got my Thai driver's license? Will Google it. Thanks! Maybe I ask her to go and hope she doesn't take out an entire family on the way there. 

 

 

[Ebumbu]

39 minutes ago, KhunBENQ said:

How old is the scooter?

When was the last year the scooter was taxed/insured?

 

Normally there is no need for YOU to take care about tax/insurance/testing. She can do.

Registering it to her name is a different story.

 

 

It's more than 5 years old. Runs fine. It could be 10 years old. Unsure. Bought it used. I got insurance and license and stuff about 3 years ago and have done nothing since. 

 

I don't want to register it in her name unless she lays down cash. Unlikely to happen. 

 

OK, so I ask her to get it taxed and insured. And inspected? I'm in Phuket. Sounds good. 

 

 

[KhunBENQ]

7 minutes ago, Ebumbu said:

OK, so I ask her to get it taxed and insured. And inspected? I'm in Phuket. Sounds good

3 years is just the limit for paying tax  retroactive and a small fine without a new registration (some say the offices are relaxed about this rule?).

 

She should (extra carefully) drive to the nearest vehicle inspection workshop (yellow cogwheel) with the green book (registration book) and let them say what is doable. They can take care for the whole process.

Inspection needed anyway. Rarely fails.

 

Edited September 10, 2022 by KhunBENQ

[swerve]

If you haven't paid the road tax/vehicle registration renewal for several years, you will need to pay for it retroactively.  If haven't done for 3 years, then you can expect to need to pay for 3 years (3x500baht).  The inspection places have a yellow cogwheel on their sign, as KhunBENQ says.  

[Kwasaki]

Don't lend the scooter to anyone sell  it.

[MrJ2U]

You'll definitely want to make sure she has insurance and a motorcycle license.  Police could take the scooters away at a checkpoint until she provides proof of insurance and a valid motorcycle license.

 

Sounds like a bad idea but good intentions. 

[scubascuba3]

I think the insurance covers the person riding the bike, don't need to be named. If she hits another vehicle she'll need to pay up although she can just claim poverty like they all do.

 

You or her take it to one of those cog garages

[Ebumbu]

12 hours ago, Kwasaki said:

Don't lend the scooter to anyone sell  it.

 

I'm nice, as long as it won't come back to bite me. I'm OK with money. 

[KhunLA]

Why not just give the MB to her with a legal name / registration change.  

As you'll probably never use or see it again anyway.  Avoids any legal issues down the road.

 

Drivers are responsible for accidents, but, TIT, if someone wants to scam you when found out a 'farang' owns it ... wouldn't be unheard of.

 

 

[grain]

29 minutes ago, KhunLA said:

Why not just give the MB to her with a legal name / registration change.  

As you'll probably never use or see it again anyway.  Avoids any legal issues down the road.

 

Drivers are responsible for accidents, but, TIT, if someone wants to scam you when found out a 'farang' owns it ... wouldn't be unheard of.

 

 

That's what I'm thinking. OP said it could be 10 years old, so we're talking about a mc that would sell for just a few thousand bt. Obviously the TG is somebody special to OP or he wouldn't even consider it. If the TG is some form of "tirak" then just give the old mc to her. If not then sell it if you have no further use for it. Also remember "borrowing" in Thailand means you're extremely unlikely to ever have it returned. She could total it or it could get nicked, or she could just vanish with it.

[Gecko123]

In keeping with the maxim of minimizing liability exposures in Thailand, I would definitely not lend her the motorcycle. Even though the chances of this may be remote, you could potentially have liability as the registered owner of the vehicle, particularly if the vehicle and the operator of the vehicle were uninsured and the injured third party had no other recourse for damages.

 

Were you to reinstate coverage on your motorcycle and then lend it to her, you would be incurring potential liabilities in the event she in turn gave permission to another person to use the bike, or used the bike under the influence, etc. You also, as the owner of the vehicle, would probably be under ongoing pressure to provide help in covering repair and maintenance costs. Idea: buy her a bicycle.

 

My Viriyah automobile insurance policy was in Thai, but I managed to find the attached English version on line. You can probably find an English version of whatever coverage you have on line or by contacting your insurance company.

 

Of course, a motorcycle policy may carry additional or different provisions and exclusions, but I believe that the standard provisions of the automobile policy are very similar to a motorcycle policy.

 

https://www.viriyah.co.th/en/download/motor_document/Type1_AdditonalCoverage_29.pdf

 

Here are the main clauses that I think are applicable to your situation:

 

Clause 9 pg 3 of 15 Transfer of Policy Ownership

In the event the Insured transferred the Insured vehicle to another person (the transferee), the Company considers that the transferee then becomes the Insured of this Policy, and the Company assumes responsibility until the expiry date of coverage.

For the Policy which specifies “NAMED DRIVER” on the Schedule, and the Insured must notify the company of the new driver’s name, in order to adjust the premium according to the circumstances of risk that has been changed. Failure to accomplish this requirement will result in the Insured being

required to pay the amount of deductible as mentioned in the Schedule.

 

Clause 4 pg 6 of 15 Coverage of the Liability of the Driver

The Company shall treat any person driving the Insured vehicle with the consent of the Insured as if such person were the Insured, provided that:

 

4.1 Such person shall perform as if that person was the Insured and shall be subject to the provisions of this policy.

4.2 Such person shall not be indemnified by any other insurance policy, or shall have been indemnified, but is not adequately covered. The Company shall then be liable to pay compensation for that part which is in excess.

 

Clause 6 pg 9 of 15 Waiver of Subrogation

In the event loss or damage to the vehicle was by use of another person with the consent of the Insured, the Company waives the rights of subrogation against that person, except if use by an employee of the automotive repair and maintenance services, or automotive parts / accessories service providers, when take the car for service.

 

Clause 9.3 pg 10 of 15 Exclusion: Driving Under the Influence

 

Driving by any person who has been determined to be under the influence of alcohol with a blood alcohol content over 50 milligrams percent. This is according to the Ministerial

Regulation No.16(B.E.2537) which is followed the Land Traffic Act B.E.2522 is considered legally drunk.

 

Clause 9.4 pg 10 of 15 Exclusion: Any person driving without driver's license (note exceptions at bottom of page to these exclusions)

 

Driving by any person without a valid driving license

 

The exclusion as stated in 9.1, 9.2, 9.3 and 9.4 shall not be enforced in the event the damage of the vehicle is not the responsibility of the driver. In the event the Policy specified a NAMED DRIVER, the exclusion in 9.4 does not apply if the driver at the time of the accident is the same person as specified in the Schedule.

 

Edited September 11, 2022 by Gecko123

[1FinickyOne]

1 hour ago, Ebumbu said:

 

I'm nice, as long as it won't come back to bite me. I'm OK with money. 

Then sell it to her really cheap [10 baht] ... it seems having any responsibility will be of concern to you - it would me too. 

 

If you are not going to use it anyway... get rid of it and do a good deed too. 

Edited September 11, 2022 by 1FinickyOne

[Ebumbu]

4 minutes ago, 1FinickyOne said:

Then sell it to her really cheap [10 baht] ... it seems having any responsibility will be of concern to you - it would me too. 

 

If you are not going to use it anyway... get rid of it and do a good deed too. 

 

That's a good idea. Bike is probably worth 9000 baht or so. Thing is, it runs perfectly. Since I can't foresee all the potential scenarios of liability, I'll go this route. Thanks. 

[Kwasaki]

1 hour ago, Ebumbu said:

 

I'm nice, as long as it won't come back to bite me. I'm OK with money. 

Well get the green book changed into her name and you'll have no problem.

[1FinickyOne]

30 minutes ago, Ebumbu said:

 

That's a good idea. Bike is probably worth 9000 baht or so. Thing is, it runs perfectly. Since I can't foresee all the potential scenarios of liability, I'll go this route. Thanks. 

Having it run perfectly just makes it a nicer gift on your part... good on you.

 

And if you like, maybe she will come back and bite you... 

Edited September 11, 2022 by 1FinickyOne

[Brew]

Just buy an additional 3rd party insurance for the bike, costs less than 2000 THB ...