Car accident, who should pay the excess?

[sanook 1]

Car got hit in the back from a speeding stolen motorbike. The guy dont have any id, money and is stoned/high to the limit. Who should pay the excess in this case, me or the insurance company?  I wasnt at fault and the guy causing the accident wont/cant pay anything.

[ezzra]

You and you alone, if you can't get money from the guilty party than you're responsible for the excess, read the policy if you have

like few hours to spare...

[Dmaxdan]

Normally an insurance excess is something that you have previously agreed with the insurer.

People do this to keep the insurance premium cost down.

But the downside is that you are  liable for this excess amount, if you need to claim.

Say for example the first 5000 baht of the claim.

 

It's also about time that the police  stopped excepting to excuse "I've got no money"

[scubascuba3]

You have to pay excess if person who is at fault has no insurance like this case

[TroubleandGrumpy]

You do. And given the guy is probably very poor and the debt would be on the family, and they will have to get/give hiom another bike, I would just let it go and pay the excess.  Unless he was driving a Mercedes or Ferrari of course. 

[sanook 1]

1 hour ago, scubascuba3 said:

You have to pay excess if person who is at fault has no insurance like this case

Clear answer, thanks! 

[yeahbutif]

I would say it pretty obvious who has insurance and who does not.. it seems so simple for the police to stamp this out .. but they won't... So all we can do is make sure we are covered.

[Photoguy21]

2 hours ago, sanook 1 said:

Car got hit in the back from a speeding stolen motorbike. The guy dont have any id, money and is stoned/high to the limit. Who should pay the excess in this case, me or the insurance company?  I wasnt at fault and the guy causing the accident wont/cant pay anything.

You do. That is why it is called an excess

[dddave]

In a friends similar case, in a car hit from behind by an uninsured motorbike, the Police did mediate between the parties and he did get actual repair costs but nothing above that.  He was surprised at how fair the police actually were.  

Edited December 15, 2023 by dddave

[Yellowtail]

4 hours ago, yeahbutif said:

I would say it pretty obvious who has insurance and who does not.. it seems so simple for the police to stamp this out .. but they won't... So all we can do is make sure we are covered.

How would the police stamp it out easily? 

 

 

[CartagenaWarlock]

3 hours ago, yeahbutif said:

would say it pretty obvious who has insurance and who does not.. it seems so simple for the police to stamp this out .. but they won't... So all we can do is make sure we are covered.

Why would they? The contract is between you and your insurance company. Did you purchase "uninsured and underinsured coverage"? If so, the insurance company will pay for that, but then you don't have the excess. If you have excess, it means you pay the excess. Police cannot enforce an insurance contract unless a party breaks it. The police can only suspend the uninsured driver's license, but I am skeptical they will do this unless he has multiple violations. 

Edited December 15, 2023 by CartagenaWarlock

[eisfeld]

11 minutes ago, CartagenaWarlock said:

The police can only suspend the uninsured driver's license, but I am skeptical they will do this unless he has multiple violations. 

 

I have the feeling that a guy riding a stolen motorcycle while high to the moon wont care much about a drivers license suspension - if he has any. And causing property damage is the smallest issue. He commited theft and consumed illegal narcotics, that alone can be reason for jail time.

[richard_smith237]

If the police were involved & there is a police report that states the other party was at fault, then theoretically you are not on the hook for any of it.  
 

Any charges & excess is between the insurance company & the other party. 
 

 

[CartagenaWarlock]

1 hour ago, eisfeld said:

He commited theft and consumed illegal narcotics, that alone can be reason for jail time.

Only if it is proven. They won't take the words of a desperate foreigner who is unable to live his life in his home country and has had to travel 10,000 miles for a living, possibly using a "wify" visa. 

[thailand49]

On 12/15/2023 at 10:46 AM, sanook 1 said:

Car got hit in the back from a speeding stolen motorbike. The guy dont have any id, money and is stoned/high to the limit. Who should pay the excess in this case, me or the insurance company?  I wasnt at fault and the guy causing the accident wont/cant pay anything.

 

" access "  do you mean who should pay? 

TIT, even if the bike wasnt stolen and you think stolen bike owner should cover news 99.9 of Thais dont have 3rd insursnce.

The guy who did steal and caused the accident high or not has no money cant scrape the bottom of a barrel if it is already empty.

So, if you want it fix, your insurance is going to fix and pay for it they already know the answet and outcome expect your premium to be different next year.

[richard_smith237]

18 hours ago, CartagenaWarlock said:

Only if it is proven. They won't take the words of a desperate foreigner who is unable to live his life in his home country and has had to travel 10,000 miles for a living, possibly using a "wify" visa. 

 

Sometimes I read a comment on this forum and just think... W.T-f is wrong with this guys head...   

 

Above is one of those comments... 

[prakhonchai nick]

On 12/15/2023 at 12:18 PM, TroubleandGrumpy said:

You do. And given the guy is probably very poor and the debt would be on the family, and they will have to get/give hiom another bike, I would just let it go and pay the excess.  Unless he was driving a Mercedes or Ferrari of course. 

Why should he pay? The motorbike was stolen. The driver was high. Were the police called? They should have been. Tese kids need to be taught a lesson. Far too many of them.

[brianthainess]

On 12/15/2023 at 11:59 AM, scubascuba3 said:

You have to pay excess if person who is at fault has no insurance like this case

I disagree You make a claim, therefore You pay the excess. IMO. 

[kingstonkid]

On 12/15/2023 at 10:57 AM, Dmaxdan said:

Normally an insurance excess is something that you have previously agreed with the insurer.

People do this to keep the insurance premium cost down.

But the downside is that you are  liable for this excess amount, if you need to claim.

Say for example the first 5000 baht of the claim.

 

It's also about time that the police  stopped excepting to excuse "I've got no money"

I agree but would also sue him.  In this country it is illegal not to have I'd the cops know who it is if you called them to investigate.  If you didn't then it is your fault so just pay.

[Mattd]

24 minutes ago, kingstonkid said:

I agree but would also sue him.  In this country it is illegal not to have I'd the cops know who it is if you called them to investigate.  If you didn't then it is your fault so just pay.

Illegal not to have?

If you refer to insurance for 3rd party property, then unfortunately the only insurance required to legally drive or ride on the road here is the CTPL (compulsory third party liability or Por Ror Bor), there is no requirement to insure the vehicle or 3rd party property damage.

Most Thais on Motorcycles (and some cars). only have this lowest cover, partly because they see no need for any other cover and mainly because they cannot afford the additional cover.

They also know that generally the police will side with them, I know of several times where accidents have happened through the fault of the motorcyclist and yet the car driver has been made to pay for the damage to the motorcycle, compensate the rider and any pay hospital fees, with the police saying that the rider has no money and the car is bigger!!

Hopefully one day the level of minimum cover is increased to include third party property damage.

Until such time, the soundest advice is to make sure you have the best cover available.

Oh and there would be no point in suing him or her, you get no blood out of stone :) 

[prakhonchai nick]

10 minutes ago, Mattd said:

Illegal not to have?

If you refer to insurance for 3rd party property, then unfortunately the only insurance required to legally drive or ride on the road here is the CTPL (compulsory third party liability or Por Ror Bor), there is no requirement to insure the vehicle or 3rd party property damage.

Most Thais on Motorcycles (and some cars). only have this lowest cover, partly because they see no need for any other cover and mainly because they cannot afford the additional cover.

They also know that generally the police will side with them, I know of several times where accidents have happened through the fault of the motorcyclist and yet the car driver has been made to pay for the damage to the motorcycle, compensate the rider and any pay hospital fees, with the police saying that the rider has no money and the car is bigger!!

Hopefully one day the level of minimum cover is increased to include third party property damage.

Until such time, the soundest advice is to make sure you have the best cover available.

Oh and there would be no point in suing him or her, you get no blood out of stone :) 

Its all down to the failings of one inept government after another.  Full third party insurance-as a minimum-should be mandatory for all road vehicles.  Minister of Transport.....WHERE ART THOU????

[Mattd]

25 minutes ago, prakhonchai nick said:

Its all down to the failings of one inept government after another.  Full third party insurance-as a minimum-should be mandatory for all road vehicles.  Minister of Transport.....WHERE ART THOU????

100% agree

[scubascuba3]

1 hour ago, brianthainess said:

I disagree You make a claim, therefore You pay the excess. IMO. 

if it's a non fault claim then the other insurers pay the excess, if no other insurers then person holding insurance pays the excess. If shared fault for accident such as 50/50 then again person insured pays excess

[natway09]

If the guy has no money, the guy has no money, how is the insurance company going to extract ?

Your call !!

[NanLaew]

15 hours ago, prakhonchai nick said:

Its all down to the failings of one inept government after another.  Full third party insurance-as a minimum-should be mandatory for all road vehicles.  Minister of Transport.....WHERE ART THOU????

 

He's over there, driving his uninsurable grey import Bentley with the fake red plates.

[Ralf001]

On 12/15/2023 at 6:00 PM, eisfeld said:

and consumed illegal narcotics

 

What illegal narcotics did he consume ?

[NoshowJones]

On 12/15/2023 at 10:57 AM, Dmaxdan said:

Normally an insurance excess is something that you have previously agreed with the insurer.

People do this to keep the insurance premium cost down.

But the downside is that you are  liable for this excess amount, if you need to claim.

Say for example the first 5000 baht of the claim.

 

It's also about time that the police  stopped excepting to excuse "I've got no money"

I keep very little money in Thailand, it only takes someone  to walk out in front of you, get injured, and both they and the police are after you for money, what you haven't got, they cannot get.

[NoshowJones]

On 12/15/2023 at 5:34 PM, Yellowtail said:

How would the police stamp it out easily? 

 

 

Being covered by a Thai insurance company often means no payout in a claim, I would sure like to know what percentage of Thai insurance companies have actually paid out on claims.

It can take months and a lot of expense trying to get claims paid out.

This post is in answer to Kingstonkid.

[Straight8]

Some of these replies are hilarious.

 

Seems people forget we are in Thailand, and not back home.......... ie. TiT

[NoshowJones]

19 hours ago, Mattd said:

Illegal not to have?

If you refer to insurance for 3rd party property, then unfortunately the only insurance required to legally drive or ride on the road here is the CTPL (compulsory third party liability or Por Ror Bor), there is no requirement to insure the vehicle or 3rd party property damage.

Most Thais on Motorcycles (and some cars). only have this lowest cover, partly because they see no need for any other cover and mainly because they cannot afford the additional cover.

They also know that generally the police will side with them, I know of several times where accidents have happened through the fault of the motorcyclist and yet the car driver has been made to pay for the damage to the motorcycle, compensate the rider and any pay hospital fees, with the police saying that the rider has no money and the car is bigger!!

Hopefully one day the level of minimum cover is increased to include third party property damage.

Until such time, the soundest advice is to make sure you have the best cover available.

Oh and there would be no point in suing him or her, you get no blood out of stone :) 

This is one of the reasons I only keep enough money in Thailand for living expenses.