Who Is To Blame For My Stolen Bike!

[imjustagirl]

I had and accident on my motorcycle involving no one else and knocked me unconcious. Apparently some kindly passer by informed the hospitol of my whereabout and they came and collected me. Due to the whack on the head, i didn't know who i was or where i was for several hours. when i did come round i gave the hospitol my next of kin, which they did not contact, and also asked where my belonging such as my bike and my bag had been taken. I was told my bike was outside the hospitol and they would look for my bag. On day 2 they finally located my Next of kin who was able to make a more indepth enquiry as too my belongings....here comes the kicker....

Samui International Hospitol had collected me from the scene of my accident and left my bag, and my bike WITH the ignition keys in the lock lying there in the ditch and failed to contact the police or to secure bike. As a result it apparently lay there for the whole next day as witnessed by local shop owner who last saw it in the evening 18 hours after the accident untouched and still lying in the ditch! Needless to say that the police were not called by the hospitol. they did not inform my mother where the bike was located till 2 days after accident (*they actually told her that it was quite safe outside in the hospitol car park on day one!!!!!) When my mother went to the scene to collect the bike after the staff finally seemed to realize no one had done anything about the scene of the accident , the bike was - of course -stolen along with my bag and belongings left lying there for anyone to help themselves to. When my mother went to police they told us no one had informed them of an accident or a bike left lying in the road.

I want to know if i have any course of action to this disgusting disregard to my belongings and lack of police advizement by the hospitol? I was willing to pay their bill of 42,000 baht but they have now cost me 65,000 baht in losses by their lack of action regarding reporting an accident. Who is responsible for reporting an accident if the victim is unconsious??? Does everything just become community property?! Is it worth my while to get a lawyer?

Does anyone know if there are any laws in place regarding what these people should do when an accident happens????

Please help as am finding all this very distressing ( not to mention the barbaric treatment by the surgeon but that is another story.....has this happened to anyone else or am i the first that has been kicked while down?

Please help....Many thanks.

p.s. am recovering reasonably well, no bones broken as my face broke my fall haha, still in shock from having basic surgery performed without anasthetic or sedation but as said, this is a whole different matter...

[gregybn]

Hey imjusta...

A real bummer - and I feel very sorry for you (... but happy you will be OK - other than financially??)

But as for "Who Is To Blame For My Stolen Bike!"...

Through the whole sequence of events - it has to go back to the (supposed) beginning. Not knowing whether the cause of the crash was preventable - it then must go to the cause of the head injury that left you unconscious -

Were you wearing a helmet?

If not... you should know where the "blame" (for everything that followed) lies... ?

p.s. to your p.s. - "basic surgery performed without anesthetic or sedation"

Yeah... been there, done that... after a bicycle accident a few years in ago in China, when my chin was stitched up exactly as you describe.

[Donnyboy]

My sympathies.

I would definately contact a lawyer and see what could be done.

It would have been adviseable to withold payment due to the fact that the hospital stated that the bike was collected and parked outside. Surely, they would be somewhat responsable.

[imjustagirl]

Hey imjusta...

A real bummer - and I feel very sorry for you (... but happy you will be OK - other than financially??)

But as for "Who Is To Blame For My Stolen Bike!"...

Through the whole sequence of events - it has to go back to the (supposed) beginning. Not knowing whether the cause of the crash was preventable - it then must go to the cause of the head injury that left you unconscious -

Were you wearing a helmet?

If not... you should know where the "blame" (for everything that followed) lies... ?

p.s. to your p.s. - "basic surgery performed without anesthetic or sedation"

Yeah... been there, done that... after a bicycle accident a few years in ago in China, when my chin was stitched up exactly as you describe.

the accident happened on a stretch of road that has now killed 3 persons in the last 4 months...i hit sand on a sharp corner, sidded out of control and slid into ditch....none else was involved. it was another biker that passed me apparently and went to the nearest hospitol (samui inter) to tell them i was lying there - they then sent hospitol staff to come rescue me. I am not blaming the hospitol for the accident, my injuries or anything else.....i just want to know if a hospitol has some responsibility to inform police of accident or in someway look after the interests of victim - such as correctly informing next of kin where the bike was located.....

[Lucifer]

Hey imjusta...

A real bummer - and I feel very sorry for you (... but happy you will be OK - other than financially??)

But as for "Who Is To Blame For My Stolen Bike!"...

Through the whole sequence of events - it has to go back to the (supposed) beginning. Not knowing whether the cause of the crash was preventable - it then must go to the cause of the head injury that left you unconscious -

Were you wearing a helmet?

If not... you should know where the "blame" (for everything that followed) lies... ?

p.s. to your p.s. - "basic surgery performed without anesthetic or sedation"

Yeah... been there, done that... after a bicycle accident a few years in ago in China, when my chin was stitched up exactly as you describe.

the accident happened on a stretch of road that has now killed 3 persons in the last 4 months...i hit sand on a sharp corner, sidded out of control and slid into ditch....none else was involved. it was another biker that passed me apparently and went to the nearest hospitol (samui inter) to tell them i was lying there - they then sent hospitol staff to come rescue me. I am not blaming the hospitol for the accident, my injuries or anything else.....i just want to know if a hospitol has some responsibility to inform police of accident or in someway look after the interests of victim - such as correctly informing next of kin where the bike was located.....

I take it from that reply, you weren't wearing a helmet.

[imjustagirl]

Hey imjusta...

A real bummer - and I feel very sorry for you (... but happy you will be OK - other than financially??)

But as for "Who Is To Blame For My Stolen Bike!"...

Through the whole sequence of events - it has to go back to the (supposed) beginning. Not knowing whether the cause of the crash was preventable - it then must go to the cause of the head injury that left you unconscious -

Were you wearing a helmet?

If not... you should know where the "blame" (for everything that followed) lies... ?

p.s. to your p.s. - "basic surgery performed without anesthetic or sedation"

Yeah... been there, done that... after a bicycle accident a few years in ago in China, when my chin was stitched up exactly as you describe.

the accident happened on a stretch of road that has now killed 3 persons in the last 4 months...i hit sand on a sharp corner, sidded out of control and slid into ditch....none else was involved. it was another biker that passed me apparently and went to the nearest hospitol (samui inter) to tell them i was lying there - they then sent hospitol staff to come rescue me. I am not blaming the hospitol for the accident, my injuries or anything else.....i just want to know if a hospitol has some responsibility to inform police of accident or in someway look after the interests of victim - such as correctly informing next of kin where the bike was located.....

I take it from that reply, you weren't wearing a helmet.

no was very stupid there and dont think i will be driving a bike again

[Bpraim1]

Sorry to hear about your accident.

Your best bet is to contact insurance company for bike, report it stolden, contact police,

Withhold funds for treatment as other user stated.

Wear a helmet ALWAYS!!!

[lazeeboy]

Sorry to hear about your accident.

Your best bet is to contact insurance company for bike, report it stolden, contact police,

Withhold funds for treatment as other user stated.

Wear a helmet ALWAYS!!!

i think the answer is your bike is not there responsability ,you were ,it wont stand up in court ,and as you were not waering a crash helmet you were breaking the law and could get prosecuted and spend more money ,thats thailand ........

[imjustagirl]

Sorry to hear about your accident.

Your best bet is to contact insurance company for bike, report it stolden, contact police,

Withhold funds for treatment as other user stated.

Wear a helmet ALWAYS!!!

i think the answer is your bike is not there responsability ,you were ,it wont stand up in court ,and as you were not waering a crash helmet you were breaking the law and could get prosecuted and spend more money ,thats thailand ........

so am i to understand that when an accident happens a hospitol does not have to inform police of a possible hazard now in the road? And that it is perfectly ok to leave road in disarray for the next person to come along and crash in wake of the debris?

Edited September 8, 2007 by imjustagirl

[Dakhar]

Had something similar occur in the US. I rolled an 4 wheeler, ATV. We had to have a helocopter fly me out.

Now the ATV retailed at 8,000 USD. It was left up in the mountains, and was stollen. Who was to blame.... me ofcourse. Did I look for others to blame.... ? Nope not at all. I was happy just be alive.

But, fortuanatley the ATV was heavily insured, and insurance paid the full value of the ATV. After that, we purchased a Jeep, much safer, & more pratical.

[backflip]

"so am i to understand that when an accident happens a hospitol does not have to inform police of a possible hazard now in the road? And that it is perfectly ok to leave road in disarray for the next person to come along and crash in wake of the debris?"

Your making up things because you are angry.

How about this...you crash your bike because of your own negligence - that's what happened, and you admit to it. You go to the hosptal for medical care. Another biker runs into your bike, crashes, and then sues YOU for damages....because its YOUR bike, and YOU crashed it due to YOUR negligence.

[backflip]

Another thought...did you make any attempt to thank the guy who reported your accident? No. Did you thank the hospital staff for saving your life? No. You are such a farang - blaming others and, when it suits you, threaten to sue. It's no wonder that farangs aren't universally loved in Thailand. You clearly state that you think that the motor bike is worth more than your life, and I'll agree with you.

[Bpraim1]

Another thought...did you make any attempt to thank the guy who reported your accident? No. Did you thank the hospital staff for saving your life? No. You are such a farang - blaming others and, when it suits you, threaten to sue. It's no wonder that farangs aren't universally loved in Thailand. You clearly state that you think that the motor bike is worth more than your life, and I'll agree with you.

Ouch, I may need hospital treatment after reading that!

Ba-Boom!

[taxexile]

I want to know if i have any course of action

sue yourself for negligence in not wearing a helmet.

[Naam]

Another thought...did you make any attempt to thank the guy who reported your accident? No. Did you thank the hospital staff for saving your life? No. You are such a farang - blaming others and, when it suits you, threaten to sue. It's no wonder that farangs aren't universally loved in Thailand. You clearly state that you think that the motor bike is worth more than your life, and I'll agree with you.

i think the root of the problem is that the OP was taken to a "hospitol"

[geriatrickid]

i think the root of the problem is that the OP was taken to a "hospitol"

as opposed to a morgue. (yea, I got your joke, just that one should be grateul for small mercies) Given the choice between family getting my bike back and me being a vegetable or dead, I'll say whew, I'm lucky, I don't care about the bike.

Edited September 11, 2007 by geriatrickid

[Aussietraveller]

OP,

Glad to hear that you are OK now.

As for the responsibility for your belongings, i very much doubt it is the hospital.

It is harsh, but you do need to take some responsibility for your actions.

You did not wear a helmet, you had an accident.

The hospital were good enough to come and pick you up and care for you, without any assurance that you could pay for their services.

Their primary responsibility is to save lives.

They are not a towing service.

Did you choose not to have insurance on your bike?

Who is responsible for that?

Go to the local Thai police Station, and tell them that you want to sue them for failing to look after your stuff.

Sue the guy that called the ambulance for you, what a selfish person that he did not think about your bike first.

Sue the shopkeeper that saw our bike there.

Sue the ambulance guys for not putting your bike in the back with you.

OR

Take some responsibility for your own actions.

[tom yum goong]

despite the antagonistic title of the thread and the resultant sniping, i think the OP has a valid grievance if the hospital in fact falsely claimed that the bike had been recovered and was parked outside.

unfortunately i don't think there's much you can do about it apart from chalk it up to experience.

Edited September 12, 2007 by tom yum goong