Accident-who Pays

[thairat]

In the event of an motor vehicle accident, I've heard it said "farang always pays"

or

is it the "person that appears better off always pays"? (If can disregard direct policital pull)

If so, does this hold true when only Thai's are involved?,

or

is this concept a negative farang perception?

[SeanMoran]

The official rule #1 of the road in Thailand is:

Little gives way to big ...

...and if someone gets smashed up then ...

... big pays for little.

If the farang happens to be rendered unconcious throughout the police inquiry then it naturally reverts to the typical human ideal of loser pays for winner.

Save your money and drive a big car.

[Neeranam]

I had an accident and am a Westerner(don't call yourself a farang, it's derogatory) and the Thai paid.

It depends whose fault it is ,

[SeanMoran]

It depends whose fault it is ,

No.

[thairat]

I suspect its difficult to generalize, but am interested in peoples actual experiences.

[SeanMoran]

I suspect its difficult to generalize, but am interested in peoples actual experiences.

Well, in my personal experience, the car came out of nowhere sans headlights to try to pass a truck at around 21:30 on a New Moon night most unexpectedly, and all I could do was throw the Suzuki aside at the last minute with all my might to reduce the impact of the head on collision, so it was just my body and head that hit the Toyota, but I was fairly badly injured by that head-on crash sans motorbike, so nobody ever bothered to ask me about what actually happened and I paid for the damage my body did to the bonnet (hood) and grille of the Toyota because I am farang and she is Thai (the driver of the Toyota).

If not for the unfortunate circumstance of being a poor unconscious farang tourist motorcyclist in Thailand in a collision with a rich young Thai lady doing what she had every right to do on a dark night when nobody was looking, then I believe that the rule is that big pays for little.

It depends on the stories that get told. Unconscious crash victims are not the best story tellers.

[nam-thip]

This accident happened around 8.30pm.

A couple of years ago I was riding my motorbike down a poorly lit road in Pattaya when a Thai female in a truck decided to do a u-turn. The truck was parked at the kerbside and she wanted to do a u-turn to go in the opposite direction towards the Sukhumvit road.

Thai style she only looked one way which was for traffic coming from the opposite direction and paid no attention to traffic coming from the direction she was parked.

She never put her lights on and never indicated so out she pulls right in front of me with tyres screeching…………….’Bang’…………..’Too late’……………i rode straight into her driver’s door.

What happened after that was a blur but remember the police and rescue volunteers arriving and the female on her knees saying “Koh tood, koh tood I do wrong” at that the policeman asked to see my drivers licence which is a Thai licence then asked me to go to the police station along with the female. At the Dongtang station I was again asked for my licence and he checked me out on the computer as I have a retirement visa and he brought up my details. The female was sat alongside me still apologizing and offering to pay damages to which the policeman agreed she must pay for the damage to my motorbike. He gave me his telephone number stating that if she didn’t pay I must call him and he will deal with her.

The following day I took the bike into Mityon and gave them her telephone number explaining she was picking up the bill. Two day later the bike was repaired and the bill was paid by the female which came to 2.500 baht as the front forks had to be removed and straightened.

Believe me, having a Thai licence helps.

[mca]

What happened after that was a blur but remember the police and rescue volunteers arriving and the female on her knees saying "Koh tood, koh tood I do wrong"

Seeing as she was saying " Island arse, island arse I do wrong " I would assume the cops thought she was a nutter and blamed her entirely.

[namoo]

Believe me, having a Thai licence helps.

Don't really see how the outcome would have been any different with Thai or International Driving Licence...Your accident was straight forward in that she accepted the blame and was willing to pay...so case closed.

The problem would have been if she refused to accept blame and claimed you were in the wrong. Your Thai Licence wouldn't have mattered one bit. Basically you were lucky with the person involved.

Edited January 12, 2010 by namoo

[PattayaParent]

I had an accident and am a Westerner(don't call yourself a farang, it's derogatory) and the Thai paid.

It depends whose fault it is ,

That's been my experience.

But a mate has had the complete opposite experience when a motocy ridden by underage kids ran into him and they ended up in hospital.

[SweatySock]

May 8th last year, around 2.30 pm and I'm returning home from the 7/11, on my Phantom, having made the 30 km trip for some ciggies and bread. Beautiful day, not a cloud in the sky and I'm driving on near empty roads.

Approaching a 90 degree right turn at about 40 kph when a Thai female came screaming round the corner in the opposite direction, on a Wave, made the turn but ended up on the wrong side of the road, my side.

Collision occurred, and I ended up lying on the ground bleeding heavily from my right foot.

Off to the hospital where I found I have lost my big toe and have broken a few others with multiple lacerations around the foot.

After a few days in hospital, I am now on crutches and the family have convened with the other drivers family to discuss "compensation". After a few hours of negotiations we all agreed, in the presence of the police, that she would pay me 60,000 Baht compensation and pay for full restoration of my bike, which came to around 12,000 Baht.

So it's not always the foreigner who has to pay, sometimes there is justice here.

By the way, I'm now fully mobile again.

[Farma]

2 Thai /Thai examples from the few weeks ago.

Car breaks to avoid pedestrian. Motorbike with 2 students runs into the back. Car driver repairs using insurance.

Car stopped at traffic lights. Pickup smashes into the back then does a runner. Police given license plate number of pickup. Car driver claims insurance.

[dttk0009]

Depends on a lot of things, but at the core as someone mentioned earlier it's 'big pays for little'.

[tonywebster]

I have had one accident here, my car was hit by a bus while I was stationary, the police and insurance came out and the bus company insurance paid for the damage, in fact they also paid for old damage even after I pointed out that it was old damage and not caused in the accident.

[pianoman]

Depends on a lot of things, but at the core as someone mentioned earlier it's 'big pays for little'.

In 8+ years of living and driving here in Thailand (mostly up in Isaan) I have only been involved in two minor accidents... One where a Thai driver rearended my truck while stopped waiting on cows to cross the road... Police Officer just happened to be stopped in the on coming lane, walked over and made the Thai driver give me his information and promise to pay for my damages... He told me in broken English "one who hits, pays in Thailand"...

The other accident happened when an older Thai man turned into the side of my car with his motorbike while trying to go the wrong way up the road... As his bike was damaged badly and would not run, we both waited until the police came then he was told to pay me for repairs on my car... At this time I was on my own as my wife was out of town, but the officer called into someone who spoke english who told me "Old man did bad, but not have money.. Can you wait for money for fix car?"" I said Yes, they spoke to the officer again who spoke to the Thai man, gave me his info and then I gave him a ride to his house where he gave me a copy of his house book, and paid 500 baht... I never went back for the balance as the repairs where only 2800 baht, and I know he did not have much..

Pianoman

[quiksilva]

Quite a few Thai drivers have hit me over the past 13 years, too many for comfort really, I have not paid a bean.

[monty]

Get proper insurance. At least the top level third party coverage (includingo It is cheap here compared to the West.

Any accident, call the insurance. They will have a staff member over pretty fast.

They are on your side, as if you are proven wrong, they will have to cough up for damage to the third party, so believe me, if you were in your right, they will make sure it'll get recorded as such!

[bonobo]

Christmas Eve, 2005.  I was invited to a party in Pattaya, so my then-g/f and I drove out from BKK to attend.  While we were looking for the street to turn, byut the time i saw it, I realized I was in the wrong lane to make the left turn, and not wanting to create a dangerous situation, I just went through the light and down the road until there was a parking lot on the right where I could enter, then turn around and come back to my turn.

Because of oncoming traffic, I had to wait to turn right.  I stat there in the inside lane, turn signal blinking.  There was an opening in the oncoming traffic, so I went for it, only to be hit by a motorcycle coming up behind me an passing on the right (he was actually driving in the oncoming lane, and that is where he hit me.)

Bottom line was he damaged the fork on his bike, dented my car, and worse, broke his foot.

When the cops came, it was obvious as to what happened by the skid marks and the placement of the bike.  The cop asked his rider what had happened, and she admitted that they were at fault.

Then, the cop found out that not only was the driver not insured, but he was not even licensed.  I was licensed and insured.  So the cop changed his notes and gave me a ticket for making an "illegal" turn from the parking lane.  He told my g/f that the insurance would cover it, so I would not be out any money, and this was the only way the driver could pay for his hospital bill. 

I was pretty peeved and took photos to prove that it would have been physically been impossible for me to have made an illegal turn as the parking lane was 100% full of cars, but even the insurance company rep told me not to worry about it as it wasn't worth the effort (they paid a hospital bill of 2,000 baht and had the dent hammered out of the car).

I really don't think any of this had to do with me being a foreigner.  I think this had to do with me having insurance and the other driver having none.

[kikoman]

One must remember when driving in Thailand or anywhere else to have the proper documents required by the power to be, that give you the right to drive, If you are not licenced or insured, if it is required you are at fault, I do not know if that is the law in Thailand.

But it is in the State of Arizona, if you do not meet the legal requirments by law, YOU ARE AT FAULT!

If you had not been on the street the accident would not have happened, No matter who caused the accident.The other driver may have cause the accident but you will be cited.

So when you drive in Thailand make sure you are legally eligible to do so.

Cheers:

Edited January 13, 2010 by kikoman

[barryofthailand]

When I lived in Pattaya over a period of five years I got hit three times by Thai people, and because I was not at fault the Thai people paid. Traffic laws in Thailand are based on the laws of Great Britain.

Barry

[Loz]

Been hit in the car three times by Thais.

1) old man ride Honda Wave into the back quarter panel (fuel flap) of Yaris.

Police came, chalked up the rode. Looked at the pics I took. Made him apologise and fined him for having no insurance.

FARANG 1 Thai Nil

2) Man runs a red right turn light and hits front corner of my Mitsubishi Galant.

Police were AT the lights he ran through, he went right past them!! They took his license until he paid for reparations of my car. and a days rental so I could get to work. I rented for three days. figured 1 day was reasonable for him to pay. Insurance would not have paid anything...

Farang 2 Thai Nil

3) Two drunk guys on bike u turn to get away from police road block and hit me head on in Yaris.

Police chased the guy who escaped on badly damaged bike, kicked the hiding one into and across the road to the mobile booking office. escapee turned up later with cuts and bruises not consistent with bike accident. Both were taken to jail.

My insurance paid for the damage to the car.

Farang 3 Thai nil

if you have first class insurance it seems the other party will not be "Pressed" in to paying for the damage. I didn't have 1st class on the galant but the police didn't even ask, they just said he must pay!

This is the extent of my experience in Issan.

[Spoonman]

 I had someone  run into me this morning whilst changing lanes, her B pillar would not have been in front of my fender when she turned, luckily i hit the brakes hard and we only just touched.... she just kept on driving (at high speed) no rear number plate either, how convienent !!!!

Damage was nothing more than a paint rub luckily.

Edited January 13, 2010 by bonobo
removed pejorative

[richard_smith237]

My Experience (In and Around Bangkok)

(1) Honda vs Minivan (bus route).

His fault but no insurance, fat guy comes in and pays off the police, I’m told its my fault. I refuse to accept blame.

The case is taken to a higher department at a different police station. I’m told 50/50 and its better that way cos my insurance will fix my car more quickly than trying to get money out of the other party.

Result: My insurance paid my costs only – Minivan company cover their own costs.

(2) BMW Vs Merc

Express way – the Merc changed lanes and struck the side of the car. The other party clamed we swiped her. We claimed she hit us after changing lanes. The Police took our side after looking at photos, car position and lane markings.

Result: Her insurance paid out (but it was very clear decision).

(3) Range Rover vs Taxi.

His fault but again no insurance. I told him to leave before my insurance gets here and involves the the police.

Result: My insurance paid my costs only.

(4) Range Rover Vs Nissan Cefiero

In a multi-storey car park she tried to over take me while I was parking. Her fault, she says it was my fault. Threatens me with the police if I don’t accept 100% blame. I don’t accept 100% blame and we agree to sort it out at the police station. I call a 'Friend' who advises that as it happened in a car park (private property) unless someone is hurt police will not get involved. My insurance suggests 50% and I agree. She went to the police station I didn't need to.

Result: My insurance paid for me, her insurance paid for her (I guess, I never saw her again).

(5) Mercedees Vs Pickup

Hit and Run – Pickup is gone in a flash, nothing that can be done (didn’t catch the number).

Result: Insurance pays out.

(6) BMW vs Motorbike.

BMW turning right (with indication), motorbike overtakes and strikes the side of the BMW. Motorbike demands cash. Driver calls the police and insurance.

The motorbike is charged with the car costs. Although realistically he can’t afford this so the insurance pays out.

Result: Insurance pays car costs only.

Conclusions:

Who Pays: Unless a clear blame can be identified – insurance normally pays for our own vehicle.

Licence: Although I do have a Thai Licence (recently obtained – based on advice given in this forum) I’ve only ever been asked for my Int’l licence.

However, based on many others experiences getting a local licence is recommended.

First class Insurance will always cover your costs.

Edited January 13, 2010 by richard_smith237