Accident In Isan

[Norv]

Any advice appreciated from anyone that has been in this position before

Having finished working the net in my apartment in Khon Kean Thailand around 1.30 am UK 7 the only time I can talk to my son after work, I set out in my hire car for some water, food and Phone card from the local 7/11.

I did not get very far before a car from the other side of the road swerved violently across onto my side and before I could even hit the brakes at 30 Klm/h I was hit on my side of the road and an angle of about 30deg.

The occupants got out drunk as lords and could not stand the locals all shouted Mow Drunk.

I having smashed my wind screen with my head and suffered lung and heart damage and was admitted to hospital. lucky to be alive the doctor said.

When the police interviewed me they admitted he was drunk all of the occupants were and had come from the local club, and had no insurance.

I had what is known as first insurance that would pay for both vehicles if I pleaded Guilty.

I have refused the advice of the police who have admitted he was to only drunk but another matter but also in the wrong.

But the way in Thailand is the one who has first insurance pays especially if he is a Falang, I have refused to admit to something I did not do.

They insisted that I make a statement and told me NOT to involve my UK insurance or it would be very bad for me, and that I would be coming back to Thailand for many years to fight the case, if I don’t admit Guilt.

What do I do admit guilt pay B400 and it is all finished in the Police Station or string this out for years to come……..help.

[Gary A]

I'd call my insurance man and let him sort it out. That's why you have insurance.

[Howsitgoin]

What do I do admit guilt pay B400 and it is all finished in the Police Station or string this out for years to come……..help.

Take the advice of the Police. It is not worth getting involved into years of legal trouble, and the very possibly following not so legal actions by your adversaries. I doubt that you have the necessary local pull to stand this through.

Ask your insurance man what he thinks, and listen to him.

[citizen33]

I'd call my insurance man and let him sort it out. That's why you have insurance.

I've always thought that in a similar situation I would immediately summon the insurance rep to the scene (there is a number on the windscreen sticker), but of course if one has a bad injury it is not so easy. My inclination would be to follow Gary's advice even at this stage - I think number 1 insurance gives one an edge over somebody who has no insurance. I know from talking to middle-class Thai friends that their preference in situations of this kind is to approach a higher-level contact in the police force.

The other issue to consider is whether paying 400 baht really finishes everything. Even if it ends any possibility of criminal proceedings, it would not rule out civil liability for any injury that might be claimed by the third parties and may or may not be covered by your insurance policy) and if you are planning to maintain car insurance in Thailand you lose your no claims bonus (more than 400 baht on a No 1 policy).

Edited September 28, 2008 by citizen33

[dotcom]

One of the forums sponsors is Issan Lawyers dot com.

Maybe they could offer assistance or suggest a lawyer to help you.

At least in my home country I could be sure that the other driver was blood tested & that evidence kept for legal reasons.

I agree with Gary A. It is up to your insurance company to sue the other driver.

The fact that the other driver had no insurance is yet another violation.

The other drivewr should have done some jail time IMHO.

[jts-khorat]

I'd call my insurance man and let him sort it out. That's why you have insurance.

That is the best advice. DO NOT take the police as the last word. Assumable outcome is that the insurance will pay your damages regardless of guilt (that is why it is 1st class insurance and it is a MUST for every foreigner here).

As it is Thailand the insurance might opt to not even bother going after the other guys, if they are totally uninsured (too much hassle for them). Have seen it happen to me, but the police was not interested at all any more after the insurance cleared this up. They basically only want you to plead guilty because it saves them hassle and lots of documents to handwrite.

[dave111223]

I was once riding in the back one of my friends cars, the friend who was driving (not the owner), crashed the car totaling it.

Turns out neither of my friends had a valid license.

So I had to step up and say I was driving (or they would have been in deep sh*t).

I had to go to multiple interviews with the insurance company, falsely claiming under oath that i had been the one who crashed the car.

And after I had been through all this, my friend's parents (the real car owners) tried to sue me, for totally the car!

If this is how low someone you know can go in the US, think about how much lower a drunk driving Thai person you've never met could go?

In my situation i didn't really have a choice, i wasn't about to see my friend haul of to jail. But in your situation, DO NOT ADMIT GUILT!

[lazeeboy]

tell your insurers ,contact a lawyer and let him know the situation ,they'll sort it out..

[Boater]

A friend of mine had exaclty the same issue as you a few weeks back, but the insurance man sorts everything out including the police ect....

[soundman]

I'd call my insurance man and let him sort it out. That's why you have insurance.

Good advice.

If you have "first" insurance use it. After all that is why you pay the expensive premium.

If the accident was not your fault, the insurance company will follow the guilty party to collect their money.

Do not go with the cops version unless the insurance guy tells you that is the way to go. I cannot for the life of me see why the insurance company would want you to admit liability. Seems to me the cops are trying to get friends of friends out of the shit.

If whatever the insurance guy tells you sounds dodgy, retain a lawyer.

Cheers,

Soundman.

[Norv]

Cheers for the advice reassuring if nothing else.

Paying 400 B seems the easy way out but I have been informed that they make money out of this 1st Insurance and a lot less hassle, this came from a Thai Cop.

My wife has police pull but they seem to love a Falang in distress.

I have contacted my insurance in UK and they in turn have said they would contact their lawyers in BKK to deal with the matter, however this was some days ago and I have heard nothing as yet so a call to them may be a good idea, albeit that the Local police have warned me not to do this.

So basically I have my UK insurance cover and the 1 st insurance cover of the car hire company.

The car hire company are all cops and my wife has told me to tell them is was her car if I am asked (I have not) what she has said I do not know but she is thick in with the police and local syndicate.

What makes it worse is that we are in the process of divorce so I don’t think she has my interest at heart.

Thanks again I will call UK again tomorrow, but I can’t bring myself to admit to Guilt for some idiots bad driving proven drunk driving who could have killed me and then give him a new car.

[Soutpeel]

Sounds like a shake down of the highest order to me....dont admit anything, dont sign anything, get the insurance rep involved and it might be wise to take on a lawyer on as well, know it will cost you money, but you dont want to admit to anything, leaving yourself open to civil claims from the other parties for injuries, damages or what ever else they can try and pin on you...

[dave111223]

Cheers for the advice reassuring if nothing else.

Paying 400 B seems the easy way out but I have been informed that they make money out of this 1st Insurance and a lot less hassle, this came from a Thai Cop.

My wife has police pull but they seem to love a Falang in distress.

I have contacted my insurance in UK and they in turn have said they would contact their lawyers in BKK to deal with the matter, however this was some days ago and I have heard nothing as yet so a call to them may be a good idea, albeit that the Local police have warned me not to do this.

So basically I have my UK insurance cover and the 1 st insurance cover of the car hire company.

The car hire company are all cops and my wife has told me to tell them is was her car if I am asked (I have not) what she has said I do not know but she is thick in with the police and local syndicate.

What makes it worse is that we are in the process of divorce so I don’t think she has my interest at heart.

Thanks again I will call UK again tomorrow, but I can’t bring myself to admit to Guilt for some idiots bad driving proven drunk driving who could have killed me and then give him a new car.

Seems like there's more to this story than first appears.

[mellow1]

Call the insurance man, the lawyer, let them sort it out. No matter what, you will most likely be the guilty one. Been through it, it dragged on for a year. Everyone lied through their teeth, including the police, but it was so obvious, that I wound up paying either 200 or 400 Baht. I'm sure I could have appealed it, but it would of dragged on much longer, and would of involved trips to Bangkok. Good luck, let us know how it turns out.

[JetsetBkk]

Cheers for the advice reassuring if nothing else.

Paying 400 B seems the easy way out but I have been informed that they make money out of this 1st Insurance and a lot less hassle, this came from a Thai Cop.

My wife has police pull but they seem to love a Falang in distress.

I have contacted my insurance in UK and they in turn have said they would contact their lawyers in BKK to deal with the matter, however this was some days ago and I have heard nothing as yet so a call to them may be a good idea, albeit that the Local police have warned me not to do this.

So basically I have my UK insurance cover and the 1 st insurance cover of the car hire company.

The car hire company are all cops and my wife has told me to tell them is was her car if I am asked (I have not) what she has said I do not know but she is thick in with the police and local syndicate.

What makes it worse is that we are in the process of divorce so I don’t think she has my interest at heart.

Thanks again I will call UK again tomorrow, but I can’t bring myself to admit to Guilt for some idiots bad driving proven drunk driving who could have killed me and then give him a new car.

Seems like there's more to this story than first appears.

Hmm... Wife paying for a hit? OK, over to the conspiracy theorists...

[Denim]

Sorry, am I missing something here. What exactly is the 400 baht for ? A fine or what ?

[dudemeister]

Cheers for the advice reassuring if nothing else.

Paying 400 B seems the easy way out but I have been informed that they make money out of this 1st Insurance and a lot less hassle, this came from a Thai Cop.

My wife has police pull but they seem to love a Falang in distress.

I have contacted my insurance in UK and they in turn have said they would contact their lawyers in BKK to deal with the matter, however this was some days ago and I have heard nothing as yet so a call to them may be a good idea, albeit that the Local police have warned me not to do this.

So basically I have my UK insurance cover and the 1 st insurance cover of the car hire company.

The car hire company are all cops and my wife has told me to tell them is was her car if I am asked (I have not) what she has said I do not know but she is thick in with the police and local syndicate.

What makes it worse is that we are in the process of divorce so I don't think she has my interest at heart.

Thanks again I will call UK again tomorrow, but I can't bring myself to admit to Guilt for some idiots bad driving proven drunk driving who could have killed me and then give him a new car.

Seems like there's more to this story than first appears.

Hmm... Wife paying for a hit? OK, over to the conspiracy theorists...

mmmmmmmmmmmmmm.......... (the plot thickens)

[sakaew]

Yes...Well

A year or two ago, I was involved in a traffic accident in Pattaya.

I followed the advice of the "experts" on TV, and left all the decisions to The Insurance Guy, who came to the crash scene.

I went to the local police Station along with the Insurance Guy, and it turned out, the driver of ther other car.

At the Insurance Guy's behest, I signed some document in Thai--TRUST the Insurance Guy--and paid 400 baht to the cops.

I was concerned that signing ANYTHING may be an admission of liability.

The Insurance Guy STRONGLY advised me to sign.

"No problem...everything finish quickly" he assured me.

That's exactly what happened...EXCEPT that I HAD signed some crap admitting liability.

(Yes yes, I tried to ring my lawyer, but he did not answer his phone.)

The Other Party then demanded 200,000 baht.

My lawyer got him to settle for 100,000 baht , following some unsuccesful mediation by a senior cop, some weeks later..

UNDER NO CIRCUMSTANCES listen the the Insurance fool.

Under no circumstances sign anything.

Spend the night in the slammer if you must.

Or have a spare wad of cash to fork over.

I felt it was money well spent.

If some buggar had been killed....the cost would have been enormous, whether I had been in the wrong or not.

DON'T SIGN ANYTHING....without it being checked by your TRUSTED lawyer.

A lesson well learned.

Jeez...the memory of that night of trauma needs a quick Penfolds red to calm me nerves.

[ClaytonSeymour]

Cheers for the advice reassuring if nothing else.

Paying 400 B seems the easy way out but I have been informed that they make money out of this 1st Insurance and a lot less hassle, this came from a Thai Cop.

My wife has police pull but they seem to love a Falang in distress.

I have contacted my insurance in UK and they in turn have said they would contact their lawyers in BKK to deal with the matter, however this was some days ago and I have heard nothing as yet so a call to them may be a good idea, albeit that the Local police have warned me not to do this.

So basically I have my UK insurance cover and the 1 st insurance cover of the car hire company.

The car hire company are all cops and my wife has told me to tell them is was her car if I am asked (I have not) what she has said I do not know but she is thick in with the police and local syndicate.

What makes it worse is that we are in the process of divorce so I don't think she has my interest at heart.

Thanks again I will call UK again tomorrow, but I can't bring myself to admit to Guilt for some idiots bad driving proven drunk driving who could have killed me and then give him a new car.

Seems like there's more to this story than first appears.

Hmm... Wife paying for a hit? OK, over to the conspiracy theorists...

mmmmmmmmmmmmmm.......... (the plot thickens)

It certainly does. I've just read his other topics - a pattern seems to be taking shape.

[Neeranam]

Get a good lawyer and sue the other driver.

[Soutpeel]

Get a good lawyer and sue the other driver.

Get a good lawyer, get his own car fixed via his insurance and walk away, forget about suing anyone, or he may find himself a victim of a "suicide"

[Neeranam]

When I had a car accident 2 years ago they tried to blame me when I was hit head-on by a car overtaking on my side of the road.

I got his insurance to pay for everything AND give me 20,000 baht as compensation. Don't let ther be one rule for Thai and another for foriegners.

[toptuan]

This may appear jaded, but after living here six years, it's my opinion that seldom will the Thai police have your best interests at heart. I would totally disregard their advice.

[Soutpeel]

When I had a car accident 2 years ago they tried to blame me when I was hit head-on by a car overtaking on my side of the road.

I got his insurance to pay for everything AND give me 20,000 baht as compensation. Don't let ther be one rule for Thai and another for foriegners.

I would agree with you in most cases but read a few things the OP has said:

"My wife has police pull" -soon to be EX - How many soon to be EX wives, and most certainly soon to be Ex-Thai-wifes are justing to go quietly without a hint of being vindictive, irrespective of the amount of money she is be getting

"Local police have warned me not to do this"

"The car hire company are all cops"

"she is thick in with the police and local syndicate"

"I don’t think she has my interest at heart" - I could add here.... durr..do you think so, you are getting divorced..

There is obviously more to this story than meets the eye

[midas]

Any advice appreciated from anyone that has been in this position before

Having finished working the net in my apartment in Khon Kean Thailand around 1.30 am UK 7 the only time I can talk to my son after work, I set out in my hire car for some water, food and Phone card from the local 7/11.

I did not get very far before a car from the other side of the road swerved violently across onto my side and before I could even hit the brakes at 30 Klm/h I was hit on my side of the road and an angle of about 30deg.

The occupants got out drunk as lords and could not stand the locals all shouted Mow Drunk.

I having smashed my wind screen with my head and suffered lung and heart damage and was admitted to hospital. lucky to be alive the doctor said.

When the police interviewed me they admitted he was drunk all of the occupants were and had come from the local club, and had no insurance.

I had what is known as first insurance that would pay for both vehicles if I pleaded Guilty.

I have refused the advice of the police who have admitted he was to only drunk but another matter but also in the wrong.

But the way in Thailand is the one who has first insurance pays especially if he is a Falang, I have refused to admit to something I did not do.

They insisted that I make a statement and told me NOT to involve my UK insurance or it would be very bad for me, and that I would be coming back to Thailand for many years to fight the case, if I don’t admit Guilt.

What do I do admit guilt pay B400 and it is all finished in the Police Station or string this out for years to come……..help.

But I always thought the insurance you get with a hire car ( after paying the excess )

covered you so why do you need to involve your UK insurers ?

[barryofthailand]

Your insurance company should have taken over the case. If the people that was drunk does not admit liability, than the insurance company should have the police involved. I don't know what insurance company you have, but the only one I trust is veria which is very good. twice I have been hit in my car and both times the insurance company came out and sorted it out. Both times I had to go to the police station, and both times the other drivers were found to be at fault, and paid a 400 baht fine. My insurance company fixed my car, but the other people had to pay the insurance company back.

Barry

[tracer5050]

You are guilty of driving while being a Falang. I have seen this before in Thailand.

[cmsally]

It's a hired car. You should get the rental company to come and sort it out. They are the ones that insured the car.

[Tywais]

The car hire company are all cops and my wife has told me to tell them is was her car if I am asked (I have not) what she has said I do not know but she is thick in with the police and local syndicate.

It's a hired car. You should get the rental company to come and sort it out. They are the ones that insured the car.

I believe the above post from the OP complicates that.

[Norv]

Yes I have paid the excess however here is the strange point.

My wife for some reason told me to say if asked that the car belongs to her, now they have not asked me but I am sure from my interpreters unease with her dominance of the situation that she has without doubt said the car was hers and that I was driving it. It was a hire car from the hire company run by a policeman.

There is no doubt as to who the guilty party is and the police have admitted this (I recorded him saying this on my phone during the interview)

I have contacted my UK lawyers ( Travel Insurance as I was in Hospital some time and the have said they have and office of Lawyers in BKK Euro assist. They have to pay for the hospital and I have had to overstay, as I can’t fly due to the damage to my Lungs and water on my heart.

If there is any chance of suing the other part I will go ahead with that as he has not only ruined my holiday but also damaged my health irreversibly.

Thanks again all for the support and I hope this helps some others and I do feel it is time that the Falangs stood up to this discrimination by the Thais and not let then get away with it.

Too many times I hear “oh Just walk away from it” and they get away with murder literally.

Thanks again