Had a small accident

[newbee2022]

17 hours 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 ?

Tell your story to the police. You took some photos? Makes it easier to explain🙏

[Liverpool Lou]

4 hours ago, Digitalbanana said:

How can anyone but the op have a version?

It's AseanNow!

[Liverpool Lou]

1 hour ago, Angus55 said:

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

Where was it reported that the taxibike crashed?

[Angus55]

8 minutes ago, Liverpool Lou said:

Where was it reported that the taxibike crashed?

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

 

'coming off a bike' ....in my language which is the language of this forum, means crashing and falling off. 

But ok... he means dismounting...ok in that case he is somewhat to blame but wouldnt expect anyone to file for legal action....in the US yes but not in any decent country like Thailand.

Edited May 14 by Angus55

[eisfeld]

52 minutes ago, Angus55 said:

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

 

'coming off a bike' ....in my language which is the language of this forum, means crashing and falling off. 

But ok... he means dismounting...ok in that case he is somewhat to blame but wouldnt expect anyone to file for legal action....in the US yes but not in any decent country like Thailand.

 

In the OPs language which is the language of the forum it just means he came off and since he was not the taxi rider there's no reason to believe the taxi crashed. He could have simply fallen down while trying to dismount.

[richard_smith237]

Op asks for advice.. 

 

His post is thin on details resulting in us posters making assumptions... 

 

Seems the Op can't be bothered to offer any clarification or follow up.

 

 

------

 

A familiar type of post: 

People getting into a situation, asking for advice then disappearing.

 

 

[ignore it]

It's often the bag man who takes the fall.

Usually they just rat on the perplexed. 

[cardinalblue]

I see the victim showing up with a neck brace and his PT therapist saying he needs weekly sessions for a year…

 

opportunity to fleece…

[FritsSikkink]

2 hours ago, Angus55 said:

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

 

'coming off a bike' ....in my language which is the language of this forum, means crashing and falling off. 

But ok... he means dismounting...ok in that case he is somewhat to blame but wouldnt expect anyone to file for legal action....in the US yes but not in any decent country like Thailand.

Somewhat to blame? He is 100% to blame as he caused the other biker to crash and end up in an ambulance. 

So medical bills, and damage to the bike are for the OP to worry about.

Very strange that the OP calls it a small accident.

Edited May 14 by FritsSikkink

[khunPer]

The easy solution is just to say "I'm sorry" and pay whatever small reasonable amount suggested by the police; in line with other suggestions above, and checking with mandatory insurance. Involving a lawyer might likely not change anything for you, apart from the fee you need to pay to a lawyer.

[richard_smith237]

12 minutes ago, FritsSikkink said:

Somewhat to blame? He is 100% to blame as he caused the other biker to crash and end up in an ambulance. 

So medical bills, and damage to the bike are for the OP to worry about.

Very strange that the OP calls it a small accident.

 

Did he ??... 

 

It depends what 'caused' him [the Op] to fall of... 

 

IF he was 'stepping off' the stopped moto-taxi, fell and dropped his bag in the road then I'd be inclined to agree, partially. But also point out that the motorcycle following behind was riding too closely.

 

IF he 'fell off' and this as caused by the moto-taxi rider, then its not the Op's fault at all... 

 

What if the motorbike behind rode directly into the Op on laying on the road ???... rode into his body, over his arm, into his head ???... still the Ops fault then ???

 

 

Either way - the bike behind was too close - so any incident involving the following rider is the following riders fault. 

 

The only uncertainty is if the op falling off was through his own actions or the moto-taxi's. 

 

 

 

 

[richard_smith237]

15 minutes ago, khunPer said:

The easy solution is just to say "I'm sorry" and pay whatever small reasonable amount suggested by the police; in line with other suggestions above, and checking with mandatory insurance. Involving a lawyer might likely not change anything for you, apart from the fee you need to pay to a lawyer.

 

Do you usually give in and accept blame so easily when not at fault ???

 

Isn't that exactly what some people are hoping for ? - a soft target to cower and just pay up....

[richard_smith237]

18 minutes ago, FritsSikkink said:

Somewhat to blame? He is 100% to blame as he caused the other biker to crash and end up in an ambulance. 

So medical bills, and damage to the bike are for the OP to worry about.

Very strange that the OP calls it a small accident.

 

Do you know something we don't ??.... 

 

You are placing 100% of the blame on the Op, yet he has not offered any clarity on the cause of 'him falling off' the bike.

 

Also, the Op mentioned that someoene 'called an ambulance' but the impression I got was that an ambulance was not needed - hence the comment 'small accident'...  

 

Info from the Op still lacking that would clear up some uncertainties, if only for the discussion, as theoretically, he's already visited the Police Station this morning.

 

 

Edited May 14 by richard_smith237

[Stevemercer]

This is pretty usual practice. The police will want to negotiate an outcome. The negotiations centre around who will pay for what and how much 'compensation'is payable. The police will take their cut (usually 50%).

 

Take a Thai wife/girlfriend along and see what the outcome is. You don't need a lawyer unless you think you are seriously being ripped off.

 

As an example, my wife was recently rear-ended by a drunk motorcyclist. They both had the basic insurance. The police said both were at fault (my wife was rather sloppily parked about a metre from the curb) and that each party should pay for their own repairs. The motorcyclist was in hospital for a week and suffered permanent damage to his leg. The police ruled my wife didn't have to pay for his injuries (covered by his basic insurance), but that she should pay compensation (this ended up being 25,000 Baht - the motorcyclist got 15,000 Baht). No fines for either party.

[Hummin]

I would not sign anything, I would not accept anything before I knew what possible charges was presented in written english. 

 

Cant see op had any wrong doing here, if the motorbike came from behind, and should had driven carefully when passed you getting off the motorbike taxi. 

 

Not guilty

[FritsSikkink]

1 hour ago, richard_smith237 said:

 

Do you know something we don't ??.... 

 

You are placing 100% of the blame on the Op, yet he has not offered any clarity on the cause of 'him falling off' the bike.

 

Also, the Op mentioned that someoene 'called an ambulance' but the impression I got was that an ambulance was not needed - hence the comment 'small accident'...  

 

Info from the Op still lacking that would clear up some uncertainties, if only for the discussion, as theoretically, he's already visited the Police Station this morning.

 

 

He didn't fall of the bike, he dropped his bags while getting off the bike.

[FritsSikkink]

1 hour ago, richard_smith237 said:

 

Did he ??... 

 

It depends what 'caused' him [the Op] to fall of... 

 

IF he was 'stepping off' the stopped moto-taxi, fell and dropped his bag in the road then I'd be inclined to agree, partially. But also point out that the motorcycle following behind was riding too closely.

 

IF he 'fell off' and this as caused by the moto-taxi rider, then its not the Op's fault at all... 

 

What if the motorbike behind rode directly into the Op on laying on the road ???... rode into his body, over his arm, into his head ???... still the Ops fault then ???

 

 

Either way - the bike behind was too close - so any incident involving the following rider is the following riders fault. 

 

The only uncertainty is if the op falling off was through his own actions or the moto-taxi's. 

 

 

 

 

He didn't fall.

[richard_smith237]

33 minutes ago, FritsSikkink said:

He didn't fall.

 

Yup... You may well be correct...    The description is extremely poor, but reading it again a different day, the Op reads as if...

 

... Stepping off a stopped Moto-taxi with shopping, he dropped his bag into the road and a passing motorcyclist hit his bag.

 

But.. how far out did he drop the bag ? did it swing into the middle of the road etc ??... 

Or, was the passing motorcyclist passing too closely, dangerously so for all parties ??

 

 

23 hours ago, JoeyMac said:

coming of a motorbike taxi with shopping. As i come off, my bag falls, and a motorcyclist, goes over the bag and falls.

[NedR69]

Stupid motorbike operator has no one to blame except their own stupidity.  He is responsible to prevent getting into an accident.

 

Thinking it was the bag that was on the road that the motorbike ran over, is like saying it's the fire department's fault for not getting to a fire sooner to keep the house from burning or catching on fire.

 

 

[richard_smith237]

16 minutes ago, NedR69 said:

Stupid motorbike operator has no one to blame except their own stupidity.  He is responsible to prevent getting into an accident.

 

Thinking it was the bag that was on the road that the motorbike ran over, is like saying it's the fire department's fault for not getting to a fire sooner to keep the house from burning or catching on fire.

 

Not quite...    depends where the 'passing motorcyclist' was positioned when he impacted the bag. 

 

If the passing motorcyclist was giving plenty of space to the stopped moto-taxi and the Ops (passengers) shopping bag swung out into the middle of the road as he was passing, then there is not a lot he could have done about it. 

Or, the bag dropped and items rolled into the middle of the road as he as passing.... 

 

However, if the passing motorcyclist was passing too close to the stopped moto-taxi and the bag just dropped to the floor and he hit that, i.e. within 1m of the stopped moto-taxi, then the passing motorcyclist was too close and its his own fault... 

 

IMO - it may not be as black & white as people are suggesting.... 

[Paris333]

Legally you are not responsible for motorcycle accident since your bag accidentally drop from your hands.

Motorists should drive fast on street where many cars or motorcycles stop with alarm.

Instead of your bag if you hold a child and motorist hit it .....then will be reasponsible the child?

Since your motorcycle taxi stops on street then other drivers ought to drive carefully and.....slowly when the pass by pedistrian.

Don't make positive accident report to the police because the motorcycle driver will seek you money for his injury (insurance measures).You didnt hit him with your bag but the bag dropped from your hand and he didnt see the bag on street and he fell off on street.

 

[mstevens]

On 5/14/2024 at 12:21 AM, 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.

 

It's a concern that an ambulance turned up. That usually costs a good few thousand baht at least....and I expect the OP would be in the gun for that.

[steven100]

Op hasn't come back to clarify any of the questions.

 

Is this a troll ...  fake Op and story.  ?

[Skeptic7]

1 hour ago, steven100 said:

Op hasn't come back to clarify any of the questions.

 

Is this a troll ...  fake Op and story.  ?

Certainly seems the OP has crawled back under his bridge. 

[JimTripper]

If I cross at a red pedestrian light and someone gets into an accident in the intersection am I liable for damages? Or, even just crossing anywhere there's not a pedestrian crossing?

 

The major intersection near me just had large pedestrian walkways painted and there is a police box right there. Feels like if I'm not in that area I could be at fault. Also, there are people continually crossing against the light.

 

 

Edited May 15 by JimTripper

[NoshowJones]

On 5/13/2024 at 8:09 PM, impulse said:

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?

 

Good question.

[JoeyMac]

 

Looks like i am going to be blamed here. 

 

Spoke with tourist police who said because i dropped a bag as i was dismounting my bike, Thai law says it will be my fault. 

 

The Motorbike taxi did not drop me of a pavement, instead kind of parked with room on my left hand side (enough room for a motorbike to squeeze into). As he stopped i got off towards the pavement side (which was my left), and dropped the bag.  The bike that had the accident tried to drive fast inbetween this space, on my left hand side, and went over my bag. 

 

But i am going to be blamed. That is a given. 

 

Driver seemed perfectly well, until others came rushing around told him to get to the ground and made him get into an ambulance. 

 

i took photos. Driver was not wearing a helmet. 

 

What kind of compensation are we looking at in what regards ?

 

I don't know many people here in Phuket to help me. 

[JimTripper]

Did the police take statements from witnesses at the scene or are witnesses still around that are willing to get involved?

 

If not, it's your word against theirs. I would just keep silent, or if I thought I was guilty, pay what I thought was fair without admitting guilt.

Edited May 16 by JimTripper

[steven100]

oh dear '    and of coarse it is your fault as you caused the accident to the guy on the other bike. 

 

ambulance, hospital,  every thai rushing to help the thai ...   

 

this could cost a packet ....    just saying   ......

[JimTripper]

You still show up at the police station if summoned. You just say you are confused and can't remember what happened clearly when asked any questions.

 

If they detain you or won't let you leave without payment after the meeting, then it's time to get a lawyer.

Edited May 16 by JimTripper