Had a small accident

[JoeyMac]

Phuket, near Patong beach - coming of a motorbike taxi with shopping. As i come off, my bag falls, and a motorcyclist, goes over the bag and falls. Nothing more to it, it was a pure accident, but i believe judging by everyones reaction it was my fault. The driver of bike did get up and seemed fine, but then an ambulance turned up. 

 

I am scheduled to go to the police station in a few days. What's likely to happen here ? Should i seek legal advice ?

[Gottfrid]

11 minutes ago, JoeyMac said:

Should i seek legal advice ?

Yes, you should

[eisfeld]

Accidental or not it sounds like it was indeed your fault as you dropped the bag onto the road. Mandatory government insurance pays for smaller medical expenses which it sounds like that should be the case. So if they ask you to pay for that then check if insurance covered it or they'll just pocket that money.

 

I hope you have made pictures at the scene or they might claim whatever damages the bike has. It can help if you can present whitnesses, maybe even the taxi driver. Or ask some of the shops if you can get the CCTV footage. This only matters if they try to make a big story out of it and ask for bigger than reasonable compensation.

 

Could also help if you can show that they were somehow travelling illegally (do they have a license? did they wear a helmet? was the bike roadworthy? did they drive in a dangerous way or break traffic rules?).

[Olmate]

8 minutes ago, JoeyMac said:

Phuket, near Patong beach - coming of a motorbike taxi with shopping. As i come off, my bag falls, and a motorcyclist, goes over the bag and falls. Nothing more to it, it was a pure accident, but i believe judging by everyones reaction it was my fault. The driver of bike did get up and seemed fine, but then an ambulance turned up. 

 

I am scheduled to go to the police station in a few days. What's likely to happen here ? Should i seek legal advice ?

Accidents have a cause, thats it, sadly your bag drop was the cause in this one. Reckon you will be" asked"to  compensate anyone who is claiming. If no claimant, police may want tea money! IMO.

[Martin71]

Just go to the police station and pay what they ask (within reason)... did you get photos of damage to rider and motorbike...?

 

Did you admit guilt in front of other's  ? .. and where they recording on their phones

 

It's normally better to try and slip a few baht to the other party ASAP... the more people involved the more expensive...

 

As to getting a lawyer.. not sure.. 

 

If you exchanged details maybe try and contact him before the police station visit and sort out a bit of compensation...

 

Hope it goes well for you ... let us know the outcome... you may help the next person who has a mishap..

Edited May 13 by Martin71
more info

[eisfeld]

Not worth it to get a lawyer at this stage. Don't sign papers that you don't understand. It would be a good idea to take a Thai that you trust so they can help with understanding the situation fully and also not looking like a lone guy that can easily be fleeced.

 

 

Edited May 13 by eisfeld

[marin]

37 minutes ago, JoeyMac said:

I am scheduled to go to the police station in a few days. What's likely to happen here ? Should i seek legal advice ?

You mentioned an ambulance turned up. But never the police. Seems to be a lot missing. 

[NoDisplayName]

36 minutes ago, JoeyMac said:

I am scheduled to go to the police station in a few days.

 

Why?

 

Were police involved, and one officer set up the, umm, interview?

Or did the other rider make the request?

 

Details?

Did this occur in the roadway or on the sidewalk?

If the roadway, was the other rider passing on the wrong side?

Was the other rider inattentive, failed to see you, and hit a stationary object?

[impulse]

I'm a little confused... 

 

The OP states he fell off (sp) a motorcycle taxi, dropped his goodies and that caused a crash.  Was it the motorcycle taxi that ran over his stuff and crashed?  Or another scooter?

 

[Etaoin Shrdlu]

When you say "coming of (sic) motorbike taxi with shopping", do you mean you fell off a moving motorbike, or did you dismount intentionally after the motorbike taxi came to a stop. If the former, what caused you to fall off a moving motorbike taxi? If the latter, where did the motorbike taxi stop to let you get off? In the middle of the road? Next to the sidewalk? Why would a dropped bag be in the path of an oncoming motorbike? 

 

Who called the ambulance and why?

 

Did the motorbike taxi stick around and did you get details of the bike and the driver?

 

Lots of details missing.

Edited May 13 by Etaoin Shrdlu

[richard_smith237]

As I read it...

 

- Op on the back of a Moto-taxi... 

- Moto-Taxi crashes 

- Op and Moto-taxi rider fall off ?

- Op drops bag on floor

- Following rider hits bag and falls

 

 

If all that is so, its 100% not the Ops fault... 

It's the Moto-Taxi riders fault (if that accident is indeed his fault)...

It is also the fault of the following bike for their own 'accident' as they were following too closely to avoid the 'debris' from the accident. 

 

As I see it - the Op could have a claim from the Moto-taxi for the broken items in his bag.

 

Op. you don't need a lawyer... just don't accept any fault, blame or attempt for compensation (which may happen).

If you have a good Thai friend who is 'respectable' as them to join you.

Be polite but firm... none of this was your fault or your responsibility.

 

IF they try and go down the road of stating its your fault as the bag dropped was yours...  you start down the road that you want compensation for damages of whats in the bag....  Also go down the road of 'what if the following motorcyclist'  hit you after you were on the floor ?...  Should the following motorcyclist be charged with dangerous riding ????

 

Don't accept any blame, no matter how hard they push. They may even threaten you with court (has happened before), just be confident and state you are fine with that... you know you are 100% not at fault as a passenger...       

 

I'm not even sure why they are bothering to call you into the station... 

 

 

 

[treetops]

24 minutes ago, richard_smith237 said:

As I read it...

 

- Op on the back of a Moto-taxi... 

- Moto-Taxi crashes 

- Op and Moto-taxi rider fall off ?

- Op drops bag on floor

- Following rider hits bag and falls

 

Not how I read it.

 

My version:

Moto taxi stops to allow passenger to alight.

While getting off passenger drops a bag into the road which unseats a passing motorcyclist who can't avoid it.

 

A small accident is farting and following through.  Causing a motorcyclist to crash by dropping something on the road in front of him is much more significant and the OP will (rightly) be owing some damages.

Edited May 13 by treetops

[richard_smith237]

15 minutes ago, treetops said:

19 minutes ago, richard_smith237 said:

As I read it...

 

- Op on the back of a Moto-taxi... 

- Moto-Taxi crashes 

- Op and Moto-taxi rider fall off ?

- Op drops bag on floor

- Following rider hits bag and falls

 

Not how I read it.

 

My version:

Moto taxi stops top allow passenger to alight.

While getting off passenger drops a bag into the road which unseats a passing motorcyclist who can't avoid it.

 

A small accident is farting and following through.  Causing a motorcyclist to crash by dropping something on the road in front of him is much more significant and the OP will (rightly) be owing some damages.

 

 

Over to you Op...     Providing more comprehensive details facilitates the provision of more precise and valuable advice.

[Chivas]

31 minutes ago, treetops said:

 

Not how I read it.

 

My version:

Moto taxi stops to allow passenger to alight.

While getting off passenger drops a bag into the road which unseats a passing motorcyclist who can't avoid it.

 

A small accident is farting and following through. 

 

Are new underpants required ??

[scubascuba3]

The motorbike insurance will cover any inflated medical bill, victim can claim direct, as it was non fault the victim can get 80k for medical. Your bill will be vehicle repair

[kwilco]

Sounds like the OPs fault. 

Do you have any kind of insurance. If if you have legal protection they may help you. Any way you need a negotiator. You have to make sure the police realise it was a freak accident and come to an agreement with the guy who was knocked off by your shopping.

You certainly don't want to exacerbate the situation by trying yo shift the blame.

[kwilco]

8 hours ago, richard_smith237 said:

As I read it...

 

- Op on the back of a Moto-taxi... 

- Moto-Taxi crashes 

- Op and Moto-taxi rider fall off ?

- Op drops bag on floor

- Following rider hits bag and falls

 

 

If all that is so, its 100% not the Ops fault... 

It's the Moto-Taxi riders fault (if that accident is indeed his fault)...

It is also the fault of the following bike for their own 'accident' as they were following too closely to avoid the 'debris' from the accident. 

 

As I see it - the Op could have a claim from the Moto-taxi for the broken items in his bag.

 

Op. you don't need a lawyer... just don't accept any fault, blame or attempt for compensation (which may happen).

If you have a good Thai friend who is 'respectable' as them to join you.

Be polite but firm... none of this was your fault or your responsibility.

 

IF they try and go down the road of stating its your fault as the bag dropped was yours...  you start down the road that you want compensation for damages of whats in the bag....  Also go down the road of 'what if the following motorcyclist'  hit you after you were on the floor ?...  Should the following motorcyclist be charged with dangerous riding ????

 

Don't accept any blame, no matter how hard they push. They may even threaten you with court (has happened before), just be confident and state you are fine with that... you know you are 100% not at fault as a passenger...       

 

I'm not even sure why they are bothering to call you into the station... 

 

 

 

You have totally misread the situation.

If he drops something in the path of an oncoming vehicle it his fault 

Argue the case at your peril.

If he avoids your advice he may get away with an apology, depending on the condition of the motorcyclist. Maybe pay for bike repairs.

One could examine  the right of the taxi to carry passengers...???

It's possible the taxi should have called his insurer as the damage was caused by his passenger.

They would then have sent an agent to the scene and things would have been very different.

Edited May 13 by kwilco

[JimTripper]

Nightmare situation. Were they taken away in the ambulance? Better hope not. The hospital gets someone in like that and they bill for everything possible with check ups, tests, etc.

Edited May 14 by JimTripper

[FritsSikkink]

12 hours ago, richard_smith237 said:

As I read it...

 

- Moto-Taxi crashes 

- Op and Moto-taxi rider fall off ?

 

- Moto-Taxi crashes                                           No

- Op and Moto-taxi rider fall off ?                     No

 

OP gets off the taxi and drops his bags on the road and other motorcycle crashes.     100% OP's fault.

 

[steven100]

The guy who ran over your shopping bag will have a sore back or neck injury from now on.

He will want compensation. You better have a Thai friend who knows what to do and say otherwise it may cost you.

[daveAustin]

14 hours ago, JoeyMac said:

coming of a motorbike taxi with shopping. As i come off, my bag falls

What do you mean by coming off? Did the taxi crash, did you fall off, or were you 'getting' off?

[Lacessit]

Motorcycle insurance will cover the first 30,000 baht of medical expenses. With a government hospital, that covers quite a lot. Unless the rider had no insurance/registration.

 

The OP states the rider seemed unharmed, although an ambulance was called.

 

The OP does need a translator at the police station.

 

Sign nothing, admit nothing. Demand a medical report on the allegedly injured person.

 

I suspect an attempt at a shakedown.

[Digitalbanana]

12 hours ago, treetops said:

My version:

How can anyone but the op have a version?

[JimTripper]

1 hour ago, daveAustin said:

What do you mean by coming off? Did the taxi crash, did you fall off, or were you 'getting' off?

I don't think the Op was 'getting off'. Even leaning that way many guys won't risk that on a taxi motorbike. It's also difficult to do one handed while holding on to the back of the bike, though I guess it's possible to do without the driver seeing you as long as you are not bouncing around too much.

[treetops]

1 hour ago, Digitalbanana said:

How can anyone but the op have a version?

 

Stop being obtuse and ignoring the context of my reply.  How can anyone read the OP and not make an intrepretation of what is said?

[daveAustin]

4 minutes ago, JimTripper said:

I don't think the Op was 'getting off'. Even leaning that way many guys won't risk that on a taxi motorbike. It's also difficult to do one handed while holding on to the back of the bike, though I guess it's possible to do without the driver seeing you as long as you are not bouncing around too much.

Well if he got off, came off and dropped his goods then he might have an issue. 😋

Sorry, op, but a bit of clarification needed.

[SAFETY FIRST]

16 hours ago, JoeyMac said:

 i come off, my bag falls, and a motorcyclist, goes over the bag

How's the shopping? 

 

[metisdead]

An inflammatory post contravening our Community Standards has been removed:

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[Angus55]

Not the ops fault. All the blame lies with the taxi driver who crashed and the idiot who ran over his shopping .

[Confuscious]

1. Go to the nearest tourist Police boot and ask them to assist you with the translation (YES, I have done that before a few times and the answer was YES every time).

2. Talk with the Motorbike driver and see if you can settle the case in a decent way.

 

3a. The case can be settled reasonnable, do it and ask signed papers of the settlement.

3a. The motorbike driver makes unreasonable demands or is unwilling to settle the case, seek advice from a lawyer and let the lawyer handle the case.