Who's At Fault?

[Mosha]

Hi

Been there, done that. At night, coming out of a soi, wanting to turn right. There was a left-bend curve to my left, so i looked for traffic there (none), then right (straight road) - none, so i pulled out. Around the curve, on THE WRONG SIDE OF THE ROAD, came a speeding motorbike without lights on it (none present - not just "not working"!) and crashed into the front left of my Volvo, between wheel and door. The guy flew clean over the car and landed in the bushes to my right, his bike was completely destroyed and my car had major damage to the body (front fender, left front door, hood, front bumper).

Guy crawls out of the bushes, unable to walk straight - not because of injuries but because he had at least a bottle of whiskey in him! Started making a scene.

I called my insurance (first class), and a guy who lived in a house nearby and heard the crash called the cops. Cops and insurance guy arrived roughly at the same time, some 15 minutes later.

I explained the accident to the insurance guy, then that motorbike driver did, then the insurance guy talked to the cops. They had a good look at the scene, determined (via the amount of damage done) that the bike must have done at least 100 km/h, there were no lights present, the bike had neither license plate nor papers or insurance and the driver was drunk, had no license and was traveling on the wrong side of the road.

AND THEN I HAD TO PAY!! Because i "entered a main road and thereby caused the accident"!!

My insurance guy negotiated with cops and that bastard and in the end they all agreed on 3.000 Baht. The insurance would cover both my car and the bike, tre money was for the fact that "he needs his motorbike to get to work and now he can't work for two weeks until his bike is repaired". What a load of BS (i fixed mine, equally totaled, in a day).

So, 3k isn't much but being cheated out of it like THAT hurts. They could have told me straight that the accident was my fault because i wasn't supposed to be at that corner at that time but instead was supposed to be in my home country! (And i wished i would have BEEN in my home country and that idiot would have kissed a truck instead).

Morale? as a Farang, it's your fault, regardless which direction and where on the road the bike was traveling on.

Best regards......

Thanh

I know it's an old topic, but a Thai friend of ours killed someone in Chumpon in exactly your circumstances. He ended up paying 100K to the guy's family and another 100K to the police.

[pakorn8000]

Fast fact:

1. Motorcycle does not "always has the right of way"! Not to mention the wrong direction! This is a wrong perception.

The fact is 'if the biker lied that he was in the lane, it is difficult to prove so and he has an edge to that'. But ultimately, it can be proved in court. We, Thai people, just hate to go through trial.

2. Policeman is not the judge! He may present his opinion in the case (and sometimes, to help biker just to finish off the case quickly so he has not to process another case). You can always bring this to court.

I know it's an old topic, but a Thai friend of ours killed someone in Chumpon in exactly your circumstances. He ended up paying 100K to the guy's family and another 100K to the police.

This speaks for itself. The police foresaw that he can get easy money out of it.

[neverdie]

Hi

They had a good look at the scene, determined (via the amount of damage done) that the bike must have done at least 100 km/h, there were no lights present, the bike had neither license plate nor papers or insurance and the driver was drunk, had no license and was traveling on the wrong side of the road.

I hate to get all technical and all of that, especially in such a nice thread, but what a load of <deleted>.

If the motorcyclist had been doing 100km/h at the time of impact, it would of been lights out for not only him but quite possible Thanh as well.

To measure the speed at the time of impact. based on damage alone actually takes a very advance computer program and a whole heap of specially gathered data etc, which ultimately would at very best put the impact speed in a range, rather then the rubbish being stated here.

Its absolutely an absurd situation you were in Thanh, fortunately you werent injured and he wasnt killed, which no doubt would of ended in you making some even more absurd payment to this fools family .