Motorcycle Accident In Nakhonsawon

[Chunky1]

Evidently you missed the part about the accident being solely the fault of the motorcycle driver. Wrong lane, no helmet, etc.

Fault in the accident is for the court to decide.

The problem with so many of these posts is that sometimes one person thinks that they weren't wrong but they actually were. That is why it is illegal to leave the scene of an accident.

Alfredo's story is particularly vague and I can't find clear fault of the motorcyclist.

Btw, just because a motorcycle is in the wrong lane doesn't mean that you can hit it and not be at fault. It is not like a free pass "Kill any motorcyclist in the wrong lane and don't go to jail".

Edited July 18, 2010 by Chunky1

[robblok]

Evidently you missed the part about the accident being solely the fault of the motorcycle driver. Wrong lane, no helmet, etc.

Fault in the accident is for the court to decide.

The problem with so many of these posts is that sometimes one person thinks that they weren't wrong but they actually were. That is why it is illegal to leave the scene of an accident.

Alfredo's story is particularly vague and I can't find clear fault of the motorcyclist.

Btw, just because a motorcycle is in the wrong lane doesn't mean that you can hit it and not be at fault. It is not like a free pass "Kill any motorcyclist in the wrong lane and don't go to jail".

Not completely true.. i got hit from behind by a truck while i was on my bike (thank god only damage on the bike and truck and i only had minor injuries).

But i was on the wrong lane (trying to get to exit), however i was found wrong and i had to pay for the truck. I agree i was to blame but the truck was going to fast too. However the cars hitting the truck because he braked were to blame themselves because they were to close. Except for the off duty cop he was exalted of any blame and did not have to pay a fine (strange but normal in Thailand).

However i think if i was Thai things could have gone different and i would not have had to pay for the truck. But i felt and still feel i was wrong. But usually if someone hits a bike they are almost always to blame especially if from behind.

[way2muchcoffee]

Fault in the accident is for the court to decide.

I see what you mean. Perhaps you should follow your own reasoning then. Clearly you have already established guilt as evidenced by your post here.

Getting angry because the Thai family wants a large payment for the member of their family that you killed is very silly.

Edited July 18, 2010 by way2muchcoffee

[Chunky1]

I wasn't attempting to imply guilt, although I guess I could have worded that better.

From the family's perspective, why is OP willing to offer payment if he believes he is innocent?

Edited July 18, 2010 by Chunky1

[Chunky1]

I think you are the one who needs to do the rereading. The driver was not on the wrong side of the road, he was in the right lane. I wouldn't exactly call being in the right lane as a motorcyclist and not wearing a helmet as proof of guilt, would you? I have seen thousands of farang motorcyclists driving in the right lane.

[edwardandtubs]

Time for an update.

I have received a letter from the widow. The tone of the letter is a lot less threatening than the attitude of the rest of the family and their lawyers.

Basically she is claiming to be USD $120.000.00 in debt to the bank and is now willing to settle for USD $150.000.00. If I settle she has promised to have all charges (pending or otherwise) removed.

There is a veiled threat to pursue me through the Australian embassy if I do not put the money in her bank this month.

Comments are welcome.

Thanks

Rana

You are completely and utterly untouchable in Australia. The Australian embassy would have no interest at all in this case. She's obviously desperately clutching at straws now. That puts you in a very strong negotiating position. You could write her a letter saying you have no intention of returning to Thailand but would like to make her a final, non-negotiable goodwill offer of 50,000 baht or you could just forget about ever returning to Thailand. You would definitely need to find out what the police plan to do about you skipping bail. That would be a serious offence in itself in most countries but in provincial Thailand you need specific advice.

[Tokay]

At least we are treated fairly.

I'm sorry to hear about your situation. The worst part is, even if they are able to get that money from you, it will be gone in a year or less and they will be right back in the crap hole they are in now. What angers me most about all of this is the Thai was in the wrong lane! Every day I see these idiots driving in the wrong lane and then when they do get in an accident, it's not even their fault. No wonder this place is upside down with everyone just doing what they want.

One more reason, if you can, to leave any scene of the crime as fast as you can. You will not be treated fairly otherwise.

[kurnell]

Time for an update.

I have received a letter from the widow. The tone of the letter is a lot less threatening than the attitude of the rest of the family and their lawyers.

Basically she is claiming to be USD $120.000.00 in debt to the bank and is now willing to settle for USD $150.000.00. If I settle she has promised to have all charges (pending or otherwise) removed.

There is a veiled threat to pursue me through the Australian embassy if I do not put the money in her bank this month.

Comments are welcome.

Thanks

Rana

You are completely and utterly untouchable in Australia. The Australian embassy would have no interest at all in this case. She's obviously desperately clutching at straws now. That puts you in a very strong negotiating position. You could write her a letter saying you have no intention of returning to Thailand but would like to make her a final, non-negotiable goodwill offer of 50,000 baht or you could just forget about ever returning to Thailand. You would definitely need to find out what the police plan to do about you skipping bail. That would be a serious offence in itself in most countries but in provincial Thailand you need specific advice.

Bingo

[thomo]

What is he supposed to counter sue for?

Anything at all, it's a bogus gesture. Damage to his car is the usual one.

When there are legal charges brought against you in Thailand by a member of the public, it's best to counter sue for anything you can asap.

For simple reasons:

It shows you aren't to be walked over.

You don't accept fault/their charges.

They face the prospect of court and legal costs, not only prosecuting you, but defending themselves.

All this alone reduces their demands for settlement almost immediately.

This is the Thai way.

This is Thailand.

You're not in Kansas anymore Dorothy.

[kunash]

Can I ask a stupid question. Why do people have insurance for then? obviously not the same as in the west.

[thomo]

obviously not the same as in the west.

nothing here is.

[dave111223]

What is he supposed to counter sue for?

Anything at all, it's a bogus gesture. Damage to his car is the usual one.

When there are legal charges brought against you in Thailand by a member of the public, it's best to counter sue for anything you can asap.

Agreed, i've seen this in action. There used to be a mafia type dude that ran our condo office, and was completely corrupt and also extorting people etc... one day he actually brought a gun to the condo but when he tried to pull it out a technician, the building manager and a resident tackled him to the ground and restrained him until police arrived.

I sh*t you not that he sued them for straining his back when they tackled him! They were so worried about the lawsuit that they dropped the charges against him. I think one of them actually ended up paying the guy off to settle the lawsuit!!

[inthepink]

Is nobody else at all interested in how the collision occured then? Being in the outside lane, as chunky mentioned, isn't reason enough in itself to drive into a motorcycle. There must have been some sort of manoeuvre or negligence on somebody's part that resulted in the accident? Cars are not supposed to drive in the outside lane either unless they are overtaking something....

[Briggsy]

Thanks again for your update.

Helpful and informative.