Accident In Isan

[Norv]

This doesn’t make sense and usually if the facts don’t add up, than it means there is more to this story.

1. Why wasn’t the driver of the other car, breathalysed and details of the test officially recorded in the police records?

2. Did the police attempt to take witness statements from the local bystanders?

3. Why are not the police prosecuting the other party for dangerous and drunk driving?

4. Did the OP have full insurance coverage on the hire car provided by the hire company?

5. What sort of relationship is it between the Ops wife, police and local syndicate?

This all appears shady which I’m sure is the reasons this matter has become very complicated.

Ok

1) the other driver was drunk and was breathalysed, but that is another issue i am told by the police and that does not mean he is wrong

2) I paid a Thai speaker to do so investigation of witnesses and i was told they were all to scared to talk even with money offered

3) They will prosecute the other chap but that is not my business i am told

4) Yes Full and the car is back working Insurance Thailand paid out for my hired car but not the drunk chaps who hit me therein lies the problem

5) None as far as I know quite certain of that as she is friend of the car hire cop

5)

[Norv]

This doesn’t make sense and usually if the facts don’t add up, than it means there is more to this story.

1. Why wasn’t the driver of the other car, breathalysed and details of the test officially recorded in the police records?

2. Did the police attempt to take witness statements from the local bystanders?

3. Why are not the police prosecuting the other party for dangerous and drunk driving?

4. Did the OP have full insurance coverage on the hire car provided by the hire company?

5. What sort of relationship is it between the Ops wife, police and local syndicate?

This all appears shady which I’m sure is the reasons this matter has become very complicated.

Ok

1) the other driver was drunk and was breathalysed, but that is another issue i am told by the police and that does not mean he is wrong

2) I paid a Thai speaker to do so investigation of witnesses and i was told they were all to scared to talk even with money offered

3) They will prosecute the other chap but that is not my business i am told

4) Yes Full and the car is back working Insurance Thailand paid out for my hired car but not the drunk chaps who hit me therein lies the problem

5) None as far as I know quite certain of that as she is friend of the car hire cop

[Geekfreaklover]

This doesn't make sense and usually if the facts don't add up, than it means there is more to this story.

1. Why wasn't the driver of the other car, breathalysed and details of the test officially recorded in the police records?

2. Did the police attempt to take witness statements from the local bystanders?

3. Why are not the police prosecuting the other party for dangerous and drunk driving?

4. Did the OP have full insurance coverage on the hire car provided by the hire company?

5. What sort of relationship is it between the Ops wife, police and local syndicate?

This all appears shady which I'm sure is the reasons this matter has become very complicated.

Ok. I hate to be cynical. But I am going to be.

Answers to the questions.

1. Because the divers of the other car involved in the accident were connected with the police.

2. Any Thai bystander would naturally side with the police.

3. Refer to number 1.

4. From the sounds of it no. The car was provided by a police connection. He is attempting to claim from his travel insurance. No hire insurance.

5. They are framing him for financial gain.

Very shady.

Edited December 18, 2008 by Geekfreaklover

[BigSnake]

Concur one hundred per cent, best call your insurance company and let them help you deal with it, you will lose big time if you try to go it along with the other driver and the POLICE(HINT). Been there done that.

[sassienie]

This doesn’t make sense and usually if the facts don’t add up, than it means there is more to this story.

1. Why wasn’t the driver of the other car, breathalysed and details of the test officially recorded in the police records?

2. Did the police attempt to take witness statements from the local bystanders?

3. Why are not the police prosecuting the other party for dangerous and drunk driving?

4. Did the OP have full insurance coverage on the hire car provided by the hire company?

5. What sort of relationship is it between the Ops wife, police and local syndicate?

This all appears shady which I’m sure is the reasons this matter has become very complicated.

Ok

1) the other driver was drunk and was breathalysed, but that is another issue i am told by the police and that does not mean he is wrong

2) I paid a Thai speaker to do so investigation of witnesses and i was told they were all to scared to talk even with money offered

3) They will prosecute the other chap but that is not my business i am told

4) Yes Full and the car is back working Insurance Thailand paid out for my hired car but not the drunk chaps who hit me therein lies the problem

5) None as far as I know quite certain of that as she is friend of the car hire cop

Edited December 18, 2008 by sassienie

[sassienie]

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.

I don`t know whether or not you were over the drink driving limit, but it it seems you are being taken on by a gang here.

It could be the police in with the local low life`s, the cop car hire guy, all given your details by your wife to her connections, such as, how much you are worth etc.

Under Thai law if in the case of a divorce, both partners are entitled to 50/50 of any assets you both have.

It would be in your wife`s interests to get you out of the way.

Edited December 18, 2008 by sassienie

[sassienie]

Norv

Here are some facts and a few options, but I’m afraid none of them are good.

Under criminal Thai law the police can hold you in jail until the court case, which can be for several years.

What they normally do in these cases is ask you for under counter payments so as not to put you in jail. Than the case is passed on to a prosecutor who may also ask you for further under counter payments. But if you are charged with a criminal offence, it will still go to court, but the final decision is down to the prosecutor whether you should go to court or not, charge or no charge.

As for the police report quoting that you were over the drink driving limit, your doctor would have to physically attend court as an expert witness with his evidence that you were not over the drink driving limit at the time and date of the accident.

In these standard criminal cases, if the police decide to take up the case in defence of the other party and you are unobtainable for the next 5 years, than the case automatically terminates and no charges can be brought against you after that period.

As for the matter of divorcing your Thai wife, you can apply for a fair distribution of assets to the civil court using a Thai lawyer. You do not need to attend or be in Thailand. This is going to cost you and the civil case may take up to 3 years before it reaches court. If your wife disposes of any of your assets here in Thailand without your authority, than she could go to jail as being in contempt of court, because in Thai law, a judge must decide these matters.

In cases like these where there were no injuries or deaths to the other party, there will be no wanted list details about you in any Thai airports, so you should have no problems with the police if you enter Thailand short term providing you stay well clear of Isaan.

Edited December 18, 2008 by sassienie

[Norv]

Norv

Here are some facts and a few options, but I’m afraid none of them are good.

Under criminal Thai law the police can hold you in jail until the court case, which can be for several years.

What they normally do in these cases is ask you for under counter payments so as not to put you in jail. Than the case is passed on to a prosecutor who may also ask you for further under counter payments. But if you are charged with a criminal offence, it will still go to court, but the final decision is down to the prosecutor whether you should go to court or not, charge or no charge.

As for the police report quoting that you were over the drink driving limit, your doctor would have to physically attend court as an expert witness with his evidence that you were not over the drink driving limit at the time and date of the accident.

In these standard criminal cases, if the police decide to take up the case in defence of the other party and you are unobtainable for the next 5 years, than the case automatically terminates and no charges can be brought against you after that period.

As for the matter of divorcing your Thai wife, you can apply for a fair distribution of assets to the civil court using a Thai lawyer. You do not need to attend or be in Thailand. This is going to cost you and the civil case may take up to 3 years before it reaches court. If your wife disposes of any of your assets here in Thailand without your authority, than she could go to jail as being in contempt of court, because in Thai law, a judge must decide these matters.

In cases like these where there were no injuries or deaths to the other party, there will be no wanted list details about you in any Thai airports, so you should have no problems with the police if you enter Thailand short term providing you stay well clear of Isaan.

Cheers

Thank you for that information and the time writing back

It makes it easier however this cop saying and providing a document that i was drunk while driving is that an offence that they can lock me up for??

Wow scary, I have a Doctors report saying that i was not drunk and had not been drinking, the cop did not get his report from my doctor or any Doctor I have heard of.

Second as you say no lists what if he the cop wants to take me to court as he wants me to pay or the insurance to pay for the other young lads car. Can he then get me put on a list at the airport if i don't attend his call to court although at the moment I am willing to get a Lawyer from BKK to deal with this and contact the DSI

Cheers again

Norv

Edited December 18, 2008 by Norv

[sassienie]

Norv

Here are some facts and a few options, but I’m afraid none of them are good.

Under criminal Thai law the police can hold you in jail until the court case, which can be for several years.

What they normally do in these cases is ask you for under counter payments so as not to put you in jail. Than the case is passed on to a prosecutor who may also ask you for further under counter payments. But if you are charged with a criminal offence, it will still go to court, but the final decision is down to the prosecutor whether you should go to court or not, charge or no charge.

As for the police report quoting that you were over the drink driving limit, your doctor would have to physically attend court as an expert witness with his evidence that you were not over the drink driving limit at the time and date of the accident.

In these standard criminal cases, if the police decide to take up the case in defence of the other party and you are unobtainable for the next 5 years, than the case automatically terminates and no charges can be brought against you after that period.

As for the matter of divorcing your Thai wife, you can apply for a fair distribution of assets to the civil court using a Thai lawyer. You do not need to attend or be in Thailand. This is going to cost you and the civil case may take up to 3 years before it reaches court. If your wife disposes of any of your assets here in Thailand without your authority, than she could go to jail as being in contempt of court, because in Thai law, a judge must decide these matters.

In cases like these where there were no injuries or deaths to the other party, there will be no wanted list details about you in any Thai airports, so you should have no problems with the police if you enter Thailand short term providing you stay well clear of Isaan.

Cheers

Thank you for that information and the time writing back

It makes it easier however this cop saying and providing a document that i was drunk while driving is that an offence that they can lock me up for??

Wow scary, I have a Doctors report saying that i was not drunk and had not been drinking, the cop did not get his report from my doctor or any Doctor I have heard of.

Second as you say no lists what if he the cop wants to take me to court as he wants me to pay or the insurance to pay for the other young lads car. Can he then get me put on a list at the airport if i don't attend his call to court although at the moment I am willing to get a Lawyer from BKK to deal with this and contact the DSI

Cheers again

Norv

Norv

I have a wealth of information with these matters as I became involved in a scam here with some property I owned with a friend in Chiang Mai.

At that time I was completely naive about the law in Thailand, and when the police saw that I was scared and vulnerable, everyone jumped on the bandwagon. It became a case of fighting to keep my money and property in which I won, but foolishly it cost me 500000 baht in undercounter payments that I now know I need not paid. Later discovered that my own brother in law was involved, a lawyer.

The game here is that, if you don’t pay up, we will make your life hel_l for you.

No, they don’t put your name on any wanted list unless it’s dealing with master criminals, murderers, drug dealers and terrorists etc. I know because I tried to get someone’s name on a list at the airport, it was no go. But I cannot confirm that this is the case with Immigration for those who apply for non immigrant yearly visas.

My advice is:

Admit to nothing. If you do, you’re be owned and the statement is irreversible later on.

Stay away from the area until the 5 year run period of the case is over.

Get a lawyer, preferably in Bangkok ask his/her advice about this case and go to town on your wife. Unfortunately she cannot lose, as your wife will still gain by getting 50% of any assets you have here in Thailand.

Any liquid assets you have in Thailand remove a.s.a.p. These can be frozen and if you have a joint account with your wife, she can legally withdraw the lot.

Ensure you find a reputable lawyer, as many are absolute crap here. Do not give the lawyer your permanent address in Thailand where you can be traced, as he could blackmail you into coughing up dosh with the threat of reporting you, plus some try to scare the crap out of you by saying all the terrible things that may happen, in order to gain more fees. Play it cool and trust no one.

Remember the 5 year criminal case rule and play their own system.

But please also get the advice of a good lawyer. At least I have given you some knowledge of what could be involved.

Edited December 18, 2008 by sassienie

[Maizefarmer]

You need a cast iron garuntee all round that paying the Baht400 will be the end of the matter - lock stock and barrel.

How you get that "garuntee" and in what form is another matter - for that you best employ a lawyer.

I will give you one piece of advise: do not sign ANYTHING that you do not understand 1000 fuxxxng%

... thats what I would do.

Edited December 18, 2008 by Maizefarmer

[bendejo]

They insisted that I make a statement and told me NOT to involve my UK insurance or it would be very bad for me,

translation: this would be very bad for us

Sounds like another way to get something out of the farang. We're just cartoon characters come to life, not real people, to so many Thais, especially when $ is involved.

Never plead guilty to something you didn't do.

If so, you can afterward be sure that the old report will be withdrawn and a new one will appear assigning all blame to you, and will be correct because, well, you admitted to your guilt. With your guilt comes a whole slew of liabilities.

[Neeranam]

Pol. Sub. Lt. Wongsakorn

I know this guy. I suggest that you sue the other driver. Once faced with paying up or going to jail, he'll find the cash. He probably decided to pay the policeman instead about 50,000(estimate).

Don't back down and don't stay in town.

[Khonwan]

A link to my story with some parallels (where I chose to go to court rather than pay up): http://www.thaivisa.com/forum/Passing-Lane...29#entry1279429

[ataloss]

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.

Sheesh, thanks for the 'heads-up'; and I had thought my 1st class insurance covers everything including any lawyers! Better pour one for me while your at it.

[Norv]

Hi All,

Happy New Year,

I am hoping to come back to Thailand this year.

An update

I have a Problem with a cop who put a Drink Driving Report in my file in the hospital and now wants money from me.

Last year I contacted a lawyer in BKK she took some 26,000B from me only to tell me. Yes you have a problem with Poll Lt Won Sakon.

I contacted her again last week and this is the reply.

######

Hi

I'd talked to the cop, Khun Wongsakorn about your case; currently

he finished the case file and ready to submit it to the

prosecutor. The arrest warrant didn’t issue yet. In case you

like to stay in Thailand, please think about how to fight with the

case.

Regards,

######

(So Strange she charged me loads of money to contact the cop now she seems to do it for free)

What is this over a year to finish a case?

Help from the more learned needed.

I want return to Thailand in the next 3 weeks

I have read through the posts and need a good Lawyer anyone know of one??

Sebastian in Karat yes Great Too busy.

It seems after my Lawyer contacted the Cop in Khon Kean last year she changed.

I found out the Thai guy who ran into me was the son of a Top Military man in Khon Kaen, and wrong Sakon wants money from me.

Insurance have told me NOT to pay the cop, they have paid the hire car.

They will not pay out the drunk that drove into me so the cop wants money from me.

I will be arriving in Thai soon how do I deal with this scam

Do I just pay 10,000 B for drink driving even though I have an affidavit from my Hospital doctor stating that I was not drunk and that no other doctor saw me?

I don’t mind fighting the case, as I do have the evidence but I don’t want to be picked up at the BKK airport and thrown in to the slammer till this is sorted.

I have considered suing the other driver as said in the posted when I am settled in Thailand but I first need to get into Thailand and find a good lawyer that is not instantly going to take the Thai side.

It seems that the cop is waiting to see when I come back to Thai, as it costs to issues a warrant. so he wants to be sure I come back before he submits the arrest warrant to the prosecutor.

I guess that the Lawyer in BBk has informed Lt Wong Sakon of my request to her for help and that I was thinking of returning.

I feel that is what has happened, and why the case is ready for the prosecutor.

I need a good Lawyer and how to find out if I have this arrest warrants and if I do get thrown in the slammer, can I not pay the man??

Help

Edited January 10, 2010 by Norv

[berniefromny]

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!

holy shit. you call this guy a friend. now i know where they get the proverb w friends like this who needs enemies.

why is the parent suing you so bad, you were driving the car, you said it under oath!

Edited January 10, 2010 by berniefromny

[Norv]

Hi All,

Happy New Year,

I am hoping to come back to Thailand this year.

An update

I have a Problem with a cop who put a Drink Driving Report in my file in the hospital and now wants money from me.

Last year I contacted a lawyer in BKK she took some 26,000B from me only to tell me. Yes you have a problem with Poll Lt Won Sakon.

I contacted her again last week and this is the reply.

######

Hi

I'd talked to the cop, Khun Wongsakorn about your case; currently

he finished the case file and ready to submit it to the

prosecutor. The arrest warrant didn’t issue yet. In case you

like to stay in Thailand, please think about how to fight with the

case.

Regards,

######

(So Strange she charged me loads of money to contact the cop now she seems to do it for free)

What is this over a year to finish a case?

Help from the more learned needed.

I want return to Thailand in the next 3 weeks

I have read through the posts and need a good Lawyer anyone know of one??

Sebastian in Karat yes Great Too busy.

It seems after my Lawyer contacted the Cop in Khon Kean last year she changed.

I found out the Thai guy who ran into me was the son of a Top Military man in Khon Kaen, and wrong Sakon wants money from me.

Insurance have told me NOT to pay the cop, they have paid the hire car.

They will not pay out the drunk that drove into me so the cop wants money from me.

I will be arriving in Thai soon how do I deal with this scam

Do I just pay 10,000 B for drink driving even though I have an affidavit from my Hospital doctor stating that I was not drunk and that no other doctor saw me?

I don’t mind fighting the case, as I do have the evidence but I don’t want to be picked up at the BKK airport and thrown in to the slammer till this is sorted.

I have considered suing the other driver as said in the posted when I am settled in Thailand but I first need to get into Thailand and find a good lawyer that is not instantly going to take the Thai side.

It seems that the cop is waiting to see when I come back to Thai, as it costs to issues a warrant. so he wants to be sure I come back before he submits the arrest warrant to the prosecutor.

I guess that the Lawyer in BBk has informed Lt Wong Sakon of my request to her for help and that I was thinking of returning.

I feel that is what has happened, and why the case is ready for the prosecutor.

I need a good Lawyer and how to find out if I have this arrest warrants and if I do get thrown in the slammer, can I not pay the man??

Help

I am about to respond to my lawyer and would like to puruse the rout of, attack.

From all the posts I have had on this one and with me wanting to return to Thailand, I have decided to request the charge from the police, as I don't have one yet, and then counter sue.

Or not, they will have to spend money

I have found he (Other drivers Father) is a big military man this what it all about the drivers father is in the Thai army.

OK what can I sue for under Thai law he tried to kill me Attempted Manslaughter??

Drunk driving

He had 4 people in the car they could not stand because they were so drunk.

No Insurance

I think Attack here may work as they have money and the Thai courts are I hope reasonably fair.

Yes the doctor said you are very very lucky to be here as I am 60 and the impact was severe

What charges could apply, what is he going to charge me with drunk driving can I challenge that I have an affidavit from the Doctor.

Anyone have an idea of Thai law unfortunately Isan Lawyer are full and have no time.

That alone tells a story

Anyway what do I have to run from drink driving ??

Norv

You know it is so hard to find a good lawyer in Thailand

[geriatrickid]

The father is a big army man in Thailand? If he is that important, he will have sufficient cash on hand to cover up his son's indiscretions. More likely, he would want this episode to go away and not become something big. No one is proud of a drunken son, not even a military officer. My hunch is that the father isn't the one pushing this but either outside 3rd parties looking for a cut. It could be the BiB, the lawyers or both combined. Think about it. If you were a top ranking general would you waste time over a few thousand baht? Would you risk the incident blowing up in your face and facing disciplinary action for abuse of position?

The Thai army is like the old Roman legion. You only get promoted now if the officer ahead of you meets an inglorious fate. That means there are a lot of folks chomping at the general's backside hoping he falls. Don't plead guilty, follow the advice of your insurer and call the bluff. Bear in mind that if you accept liability and ignore the insurer's instruction, the insurer's duty to defend stops. The insurer controls the defense not you since it is the insurer paying. Your accepting guilt could cost you dearly. If someone says the general is going to get you, instruct your legal counsel to contact the Inspector General's office.

[Norv]

The father is a big army man in Thailand? If he is that important, he will have sufficient cash on hand to cover up his son's indiscretions. More likely, he would want this episode to go away and not become something big. No one is proud of a drunken son, not even a military officer. My hunch is that the father isn't the one pushing this but either outside 3rd parties looking for a cut. It could be the BiB, the lawyers or both combined. Think about it. If you were a top ranking general would you waste time over a few thousand baht? Would you risk the incident blowing up in your face and facing disciplinary action for abuse of position?

The Thai army is like the old Roman legion. You only get promoted now if the officer ahead of you meets an inglorious fate. That means there are a lot of folks chomping at the general's backside hoping he falls. Don't plead guilty, follow the advice of your insurer and call the bluff. Bear in mind that if you accept liability and ignore the insurer's instruction, the insurer's duty to defend stops. The insurer controls the defense not you since it is the insurer paying. Your accepting guilt could cost you dearly. If someone says the general is going to get you, instruct your legal counsel to contact the Inspector General's office.

HMM i think military or not money is money in Thai.

Yes correct the lawyer is in with the cop sure of it as i had another lawyer and and other things were said.

To be honest they are all in on it like a game with the Westener, they will all make, even if they don't, you will leave most of what you take.