joint liability of spouses in car accident

[Lolothai]

Hi,

 

Yesterday my mother mentioned that in France if my wife get an accident with her own car I would still have to pay half the damages done to the other car. It means that even if she leaves me, stays with her boyfriend and crash together I would still have to pay for what she has done to the other car.

So I was wondering if they have the same weird law here in Thailand.

[KannikaP]

Stay away from France then!

Never heard of that before, anywhere.

 

If your wife committed a crime, would you have to serve half her sentence?

Edited May 18, 2023 by KannikaP

[Lolothai]

17 minutes ago, KannikaP said:

Stay away from France then!

Never heard of that before, anywhere.

 

If your wife committed a crime, would you have to serve half her sentence?

That's funny because that's exactly what I told my mother, word for word but in French.

[brianthainess]

24 minutes ago, Lolothai said:

So I was wondering if they have the same weird law here in Thailand.

No...In Thailand it seems it is 'The Car' that is insured not the driver, although as i understand it the person who buys the insurance must make the claim.

[The Fugitive]

Could your Mum's information now be out of date? Are we specifically talking motor matters or accidents/injuries caused in other ways? It would, however, make sense in that wives could not drive uninsured and then, because they are housewifes (unpaid domestic duties) claim they have no money to pay compensation for injuries and damage to third parties?   

[Lolothai]

23 minutes ago, The Fugitive said:

Could your Mum's information now be out of date? Are we specifically talking motor matters or accidents/injuries caused in other ways? It would, however, make sense in that wives could not drive uninsured and then, because they are housewifes (unpaid domestic duties) claim they have no money to pay compensation for injuries and damage to third parties?   

I will ask her tonight what is her source, she is usually well informed in the matter as she worked in insurance all her work life but I took a quick look on google and could not find anything to back up this information.

[FriendlyFarang]

That's what Thai law says:

Quote

มาตรา 1490 หนี้ที่สามีภริยาเป็นลูกหนี้ร่วมกันนั้นให้รวมถึงหนี้ที่สามีหรือภริยาก่อให้เกิดขึ้นในระหว่างสมรส ดังต่อไปนี้
        (1) หนี้เกี่ยวแก่การจัดการบ้านเรือนและจัดหาสิ่งจำเป็นสำหรับครอบครัว การอุปการะเลี้ยงดูตลอดถึงการรักษาพยาบาลบุคคลในครอบครัวและการศึกษาของบุตรตามสมควรแก่อัตภาพ
        (2) หนี้ที่เกี่ยวข้องกับสินสมรส
        (3) หนี้ที่เกิดขึ้นเนื่องจากการงานซึ่งสามีภริยาทำด้วยกัน
        (4) หนี้ที่สามีหรือภริยาก่อขึ้นเพื่อประโยชน์ตนฝ่ายเดียวแต่อีกฝ่ายหนึ่งได้ให้สัตยาบัน

Quote

Chapter 1490 Debts jointly owed by husband and wife shall include debts incurred by husband or wife during the marriage as follows:
         (1) Debt related to house management and family necessities Taking care of family members as well as medical care and education of children as appropriate to one's own
         (2) Debts related to Sin Somros
         (3) Debt incurred from work performed by husband and wife together.
         (4) Debt incurred by either husband or wife for his own benefit but ratified by the other party.

Somebody could now argue that driving a car to buy groceries would fall under house management and family necessities, and thus debt from an accident would fall under this category. Just speculation, I have no idea how a court would rule regarding this.

[Lolothai]

2 hours ago, FriendlyFarang said:

That's what Thai law says:

Somebody could now argue that driving a car to buy groceries would fall under house management and family necessities, and thus debt from an accident would fall under this category. Just speculation, I have no idea how a court would rule regarding this.

That's interesting, I made few post about my story with my wife, she left me for a "rich" thai guy, house, land and car in her name. She left me with absolutely nothing but "allowed" me to take our two daughters. She made a marriage ceremony at the temple with him and they had many beautiful project especially for business. So she put the car I bought in her name as collateral for a credit to invest in his business and after this she also put the land and house I bought as collateral to buy him a pick up. His business failed and he had a lot of expenses with all his mia noi, he decided to don't pay the pick up and to don't give her back the money she invested. I was very much in love but much less today, I asked her to come back and she accepted, she will lose everything we had, land and house and for the car I'm paying her credit.

She can't afford an insurance, I can't afford insurance for two cars as I bought one in my name this time (expensive lesson learned).

So now that she is living with me (rented house) I'm wondering what would happened if she was making another credit or crash with the car. If she is making a credit in my back would I be responsible? If she take a gik or leave me for another man and mess it up again do I have to pay? whatever she is doing in my back I become responsible? and if I tell her to don't and have the proof that I said no, would it help?

Better to know my right but I start to really wonder if there is any benefit in being married.