Scared, Injured Friend

[RayVN]

Hello all. I'm a frequent visitor and photographer of wonderful Thailand, but a friend of mine has just had an experience that I can't advise her with.

In short, she was hit by a Tuk Tuk in Phuket (ouch!) and has broken her leg in a few spots. Now the Tuk Tuk driver is demanding money from her, and she's a little scared. I'm trying to keep her calm, telling her to contact the consulate, tourist police, etc. but I'd love some advice from you guys. What do you recommend she do to keep the driver from harassing her for money? I know the medical care in Thailand is fantastic, so I don't think she's concerned about that.

Thank you so much everyone, I know this is a strange issue.

Ray

[ukrules]

Sounds a little strange to me normally the victim would be demanding compensation from the driver and they will get it too !

[Harcourt]

She was hit. She should demand money fron HIM!

Or was it all her fault and the driver is suffering damage?

[Moonrakers]

If she has broken her leg then she'd be in too much agony to give a flying one about some tuck tuck driver.

If she is in a hospital then the tuk tuk cannot hassle her and if she is not then she should be worried about health care.

blah blah.

Jog on mate

[Maizefarmer]

She was hit. She should demand money fron HIM!

Or was it all her fault and the driver is suffering damage?

Thats the important part - who's fault was this accident i.e. did she walk out into the road without paying due care and attention, or do something similar?

What actually happened?

That's a rhetorical question - don't answer: it's why we have court cases and legal proceedings.

Quite beside the point of who is at fault, it is not uncommon for the guilty party in an RTA in Thailand to allege "no fault" - deliberately to slow the calim or legal proceeding(s) down - it's no more than a tactic to protect themselves and make it difficult for the innocent party, and it happens a lot - amongst Thai's far more so than between Thai's and foreign visitors - why? Because it has the potential to draw claims and proceedings out for years and years and years....... so much so that in the case of an ex-pat or other foreigner, they get fed up, loose interest, move on with life - and when it comes to the court hearing date,with a bit of luck you will have done exactly what the other side was banking on all along i.e. long gone - and if either of you haven't turned up (especially if you are the claimant), chances are his lordship won't bat an eyelid - that'll be the end of the matter, and he'll move onto other matters of the day - many of which will likely have been sitting around collecting dust for years as well ... such is the Thai legal system when it comes to claims.

Okay - so don't be to concerned about the "counter claim" if you believe you are innocent. What is important then is that you get that mesage across and that you get it presented correctly. I'm not a legal expert in any sense of the word - but let me share with you some practical advise against the background of 20years living and working in Thailand, that will hlp ensure you get the above done in the right way, and that you do not find yourself in a position which opens you to manipulation or abuse.

1) Police report - did the police attend? Advise her not to sign anything related to any report of any sort - whether its her own statement, a police report .... whatever statement type it is - without 1) a copy of the report been given to you/her, and 2) having had a trusted and/or official translater present. Get the ID of the translator - and keep a record of it. This is important if there is any dispute later regards something you signed that was in Thai, having been told it said x,y,z, when it's later established to mean w,x,y.

2) Make no statement of any sort to anyone without first having spoken to your embassy and at least listened to whatever advise they may offer.

3) Take independent and reliable legal advise - most embassies have a list of attorneys/lawyers/soliciters who they consider to be reliable - choose one form the list who is fluent in English - and check your insurance policy for any help it may give for legal costs. Most lawyers in Thailand are decent and trustworthy, but sadly, lik emost countries in South East Asia, Thailand has a good number of lawyers who let both the profession and their clients down for the sake of personal gain - so don't be scared to do due diligence. If money is a non-issue, you can always use guys like Baker MacKenzie or Tillike & Gibbons, and you can be dead certain - excuse pun- of getting top shelf legal representation and no messing around, but the bill wil come in a big box!

4) Don't committ yourself to the advise of a "good samaritan" . For some odd reason there is no shortage of stories about translators and other types of folk, who appear out of no-where, and usualy un-solicited - to give you the impression they can resolve the legal problem in this or that way if you only agree to this or that (and yes, it usualy involves a "fee" of sorts) - don't buy it. While it's not impossible they may have a genuine solution, I think you'll find the consensus amongst folk who have had this experience is that in hindsight what they were offered was neitheir a solution nor did it represent what was in their best interests.

In short: you want to say as little as possible to as few people as possible, keep your signature off as many doc's/reports & statements as possible - till you get independent advise from a reputable & trustworthy legal representative.

... and lastly - if you get asked to hand over your passport - it got lost during the accident, or in your confusion since, you have misplaced it (along with your airticket!), you don't know where it is, you will look for it ...... do your best to hang on to it if you can at all. Its you best friend in the unlikely event things go pearshaped.

Edited November 19, 2009 by Maizefarmer

[cognos]

My friend is Steve Harrison, and he is in the Phuket Thai police..if you PM me, i will give you his phone number, or just try calling and asking for him. Sincerely, Dean

[GungaDin]

Make sure your friend does NOT give her passport to anyone.

It is not hers to give, it is the property of her gov't.

Follow Maizie's advice.

[givenall]

Sounds a little strange to me normally the victim would be demanding compensation from the driver and they will get it too !

Just ask a good Thai friend to claim to be her lawyer and ask for damages from the driver. Or better yet hire one. I think is about time for Farang to go after Thai extortionists

Just ask a good Thai friend to claim to be her lawyer and ask for damages from the driver. Or better yet hire one. I think is about time for Farang to go after Thai extortionists

[RayVN]

This is all fantastic advice. I really appreciate the time you took in passing it along to me. I have little doubt that this will go a long way toward calming my friend down a bit. She's new to travel, and so a little jumpy (more so now, I'd imagine).

I can't thank you enough everyone. Seriously, this is unbelievably helpful.

[geriatrickid]

Keep a record of all expenses incurred. Keep receipts especially for medical expenses.

When you ask for reimbursement from the tuk tuk driver, you will need to support your claim.

Not to make light of this, but it comes at a good time. The tuktuk drivers are feeling the heat from the governor's office. If she was an innocent pedestrian, don't hesitate in contacting the Phuket news outlets. If this tuk tuk driver is looking for trouble, he'll get it.

[Tod Daniels]

A person would be hard pressed indeed to find someone with a more level headed, common sense approach to how things actually work here in the glorious "Land 'O Thais” than the poster known as "Maizefarmer".

All too many people claim to know what do to, but in reading M/F’s past posts it immediately becomes clear that he does know what he’s talking about.

Take his advice, to heart word for word..

[caf]

A person would be hard pressed indeed to find someone with a more level headed, common sense approach to how things actually work here in the glorious "Land 'O Thais" than the poster known as "Maizefarmer".

All too many people claim to know what do to, but in reading M/F's past posts it immediately becomes clear that he does know what he's talking about.

Take his advice, to heart word for word..

seconded

[namoo]

we do need to hear the tuk tuk side of the story.

Do we hel_l. Phuket tuk tuk drivers are at the bottom of the food chain. Lucky if he can string 2 words together even if you were to ask him.

[Tywais]

Off topic and accusatory posts deleted.

[hhgz]

"What do you recommend she do to keep the driver from harassing her for money?"

I'd love to read the explanation of how this random driver knows how to contact your friend.

[sassienie]

Sounds a little strange to me normally the victim would be demanding compensation from the driver and they will get it too !

Yes, I agree.

Sounds like one of those: if I don`t come up with the money soon, they`re put me prison scams.

Wager that she will asking the OP for some dosh soon.

[zigistar]

Sounds a little strange to me normally the victim would be demanding compensation from the driver and they will get it too !

Yes, I agree.

Sounds like one of those: if I don`t come up with the money soon, they`re put me prison scams.

Wager that she will asking the OP for some dosh soon.

This could be close to the truth....Phuket tuktuk drivers are a shame for Thailand(maybe it changed)was there only ones but i was shocked by the way they acting and talking towards farangs...most of them are muslims at least @ chaweng.I dont wana give false info and i talk about 3-4 years ago so maybe the city did something about them alredy but reading this story not much changed.Altough its not uncomon in Thailand that you be responcible(or try to hold you responcible) for an accident where you 100% the victim.Just keep tight and maybe good thing to call that cop adviced by the member above.

[Jimjim]

Easy, don't give any money to the driver. How is he harrassing her, anyway? Have her phone number? Friend in the hospital, still?

[aussiejosh]

I was in an accident a few weeks ago, pick up slammed into the motorbike i was on. Broke my nose and rooted my leg/ankle, the motorbike I was on wanted money from me for the accident. I just ignored him and left, if they are driving people around they are poor and without power, tell your friend to ignore them, threaten to call the police for harassment and he will quickly give up.

[GungaDin]

^^^^ You were a pax on a moto-taxi?

[DennisYale]

Hi,

I have just wondered to see your post.Your friend is hit by a driver.He is accountable for the accident.He should be given punishment and taken back his license as a lesson to drive carefully next time.Instead of being ashamed and sorry he is demanding money from her.She is a victim being hit by a driver and broken leg also.He should be pity on her taken her to hospital by himself and should pay all expenses by himself.He is harassing her it is not good but something strange for an innocent girl.She don't need to be scared anymore tell the police that the driver hit her accidentally.He should be given compensation for her broken legs.

Thanks..

[sevenhills]

Sounds a little strange to me normally the victim would be demanding compensation from the driver and they will get it too !

Yes, I agree.

Sounds like one of those: if I don`t come up with the money soon, they`re put me prison scams.

Wager that she will asking the OP for some dosh soon.

This could be close to the truth....Phuket tuktuk drivers are a shame for Thailand(maybe it changed)was there only ones but i was shocked by the way they acting and talking towards farangs...most of them are muslims at least @ chaweng.I dont wana give false info and i talk about 3-4 years ago so maybe the city did something about them alredy but reading this story not much changed.Altough its not uncomon in Thailand that you be responcible(or try to hold you responcible) for an accident where you 100% the victim.Just keep tight and maybe good thing to call that cop adviced by the member above.

You will be plaesed to know that there are no Tuk Tuks in Chaweng or on Samui at present.

[cmdream]

Your best bet is get the Tourist Police and the Expat Volunteers involved. Their job is to help visitors in need. 1155 is the telephone number. Chok Dee.

[Moonrakers]

I suspect that he may have found the help that he needs by now, just a hunch.

[IanForbes]

I suspect that he may have found the help that he needs by now, just a hunch.

Hey, this could be fun! Just dig up some three year old topic and post a reply like it happened yesterday.

[Moonrakers]

I suspect that he may have found the help that he needs by now, just a hunch.

Hey, this could be fun! Just dig up some three year old topic and post a reply like it happened yesterday.

Could be a game for bedders actually. I might start it later if I get around to it, if nobody else does.

[F1fanatic]

Does anyone know what happened in the end?

Unless I'm missing something this happened 3 months ago - an update would be interesting.