harrybua Posted March 30, 2010 Share Posted March 30, 2010 Hi I was wondering if any one out there has any experience in being involved in a fatal accident. I was unlucky to be driving and caused a death on a motorbike rider. can anyone give me some advise of what to expect from the court process. thanks in advance. Link to comment Share on other sites More sharing options...
churchill Posted March 30, 2010 Share Posted March 30, 2010 Get a good lawyer - try to settle / Link to comment Share on other sites More sharing options...
Slaps Posted March 30, 2010 Share Posted March 30, 2010 Are you saying it was your fault? and you are still a free man? Link to comment Share on other sites More sharing options...
harrybua Posted March 30, 2010 Author Share Posted March 30, 2010 Are you saying it was your fault? and you are still a free man? yes i was bailed from the police i have settled with the family through my insurrance and also a cash payment from me. it will now go to court we have a statement taking by police and singed by the family that they dont wont to make any problems for me. can anyone give me an idea what to expect from the courts Link to comment Share on other sites More sharing options...
Chonburiram Posted March 30, 2010 Share Posted March 30, 2010 (edited) Why does it still have to go to court, after you/insurance paid already? Edited March 30, 2010 by Chonburiram Link to comment Share on other sites More sharing options...
harrybua Posted March 30, 2010 Author Share Posted March 30, 2010 Why does it still have to go to court, after you/insurance paid already? It is my understanding it it must go to court as it is a fatal accident. Link to comment Share on other sites More sharing options...
Slaps Posted March 30, 2010 Share Posted March 30, 2010 Are you saying it was your fault? and you are still a free man? yes i was bailed from the police i have settled with the family through my insurrance and also a cash payment from me. it will now go to court we have a statement taking by police and singed by the family that they dont wont to make any problems for me. can anyone give me an idea what to expect from the courts Can't help with the outcome mate but be ready for anything, They could change there mind in the meantime and the court will be with them Good Luck, when is the court date? Link to comment Share on other sites More sharing options...
harrybua Posted March 30, 2010 Author Share Posted March 30, 2010 Are you saying it was your fault? and you are still a free man? yes i was bailed from the police i have settled with the family through my insurrance and also a cash payment from me. it will now go to court we have a statement taking by police and singed by the family that they dont wont to make any problems for me. can anyone give me an idea what to expect from the courts Can't help with the outcome mate but be ready for anything, havnt yet got a date for court cheers They could change there mind in the meantime and the court will be with them Good Luck, when is the court date? Link to comment Share on other sites More sharing options...
tonywebster Posted March 30, 2010 Share Posted March 30, 2010 You will find that the next stage is the police asking for their cut to stop it going to court. You paid the family, the insurance paid the family also, where is Mr. policemans cut? Link to comment Share on other sites More sharing options...
harrybua Posted March 30, 2010 Author Share Posted March 30, 2010 You will find that the next stage is the police asking for their cut to stop it going to court. You paid the family, the insurance paid the family also, where is Mr. policemans cut? I know there is always many cuts in the pie but is it possible for the police to stop it going to court in a serious accident? cheers Link to comment Share on other sites More sharing options...
richard_smith237 Posted March 30, 2010 Share Posted March 30, 2010 Just being nosey.. Care to tell us what happened? who was at fault etc.... how you dealt with compensation for the family.. I've been lucky but always figured it was only a matter of time before I hit a motorbike while driving at no fault to myself. Link to comment Share on other sites More sharing options...
Soutpeel Posted March 30, 2010 Share Posted March 30, 2010 (edited) One assumes you have a full Thai DL, Not drinking and driving ?....A geniune accident ?? You will need a good lawyer to represent you certainly... Not trying to frighten you, but search on TV for the story of Farang, who parked his car up for the night....wasnt driving and a girl hit his car and was killed....believe he got jail time, something like 18 months....But believe he resisted greasing the appropriate palms, so may be there is a lesson in this ? tough break...best of luck, what ever happens Edited March 30, 2010 by Soutpeel Link to comment Share on other sites More sharing options...
neverdie Posted March 30, 2010 Share Posted March 30, 2010 One assumes you have a full Thai DL, Not drinking and driving ?....A geniune accident ??You will need a good lawyer to represent you certainly... Not trying to frighten you, but search on TV for the story of Farang, who parked his car up for the night....wasnt driving and a girl hit his car and was killed....believe he got jail time, something like 18 months....But believe he resisted greasing the appropriate palms, so may be there is a lesson in this ? tough break...best of luck, what ever happens ^He actually got sentenced to 12 months & is on bail appealing that sentence. Link to comment Share on other sites More sharing options...
harrybua Posted March 30, 2010 Author Share Posted March 30, 2010 Just being nosey.. Care to tell us what happened? who was at fault etc.... how you dealt with compensation for the family.. I've been lucky but always figured it was only a matter of time before I hit a motorbike while driving at no fault to myself. Well a long story cut short i was turning to do a u turn and hit the bike just didnt see him. the insurance payed out 330k and me another 300k but iwill have to face something like not driving with due care and causing death in the process. what to hear aboutr anyone with experience or hear say on jail time or not. i have followed the family in the process of funeral and have also been a monk for 9 days to allow him to go to heaven so to speek. so we have not just walked away cheers Link to comment Share on other sites More sharing options...
Soutpeel Posted March 30, 2010 Share Posted March 30, 2010 ^He actually got sentenced to 12 months & is on bail appealing that sentence. A thousand apologies Link to comment Share on other sites More sharing options...
dobadoy Posted March 30, 2010 Share Posted March 30, 2010 Hey buddy, that's a real tragedy for everyone. I nearly hit a bike couple of years ago doing exact same thing, only my wife calling out made me see him in time. I'm afraid I don't know anything to help, other than a feel for thai social mores. Given you've done everything you can, I don't see why jail time would be involved - it won't benefit anyone, unless as some have suggested, the police need to be cut in on the deal somewhere. Even then, I can't see a judge in court seeing any sense in jail time, assuming you weren't drunk or at fault in some way that you haven't told us. You have my sympathies and wish you the best of luck that it turns out as best it can. Condolences to the family also. Link to comment Share on other sites More sharing options...
tonywebster Posted March 30, 2010 Share Posted March 30, 2010 (edited) that sounds a lot to be paid out to be honest, I imagine you have more to pay to the police. and yes it is the police that would send the file to the prosecutor, they can choose to not send that file and everything goes away. If the family kick up a stink they are told to be quiet. in this matter the family can take you through the courts without the police. Did you get them to sign that they have been paid out and that is the end of it? Edited March 30, 2010 by tonywebster Link to comment Share on other sites More sharing options...
ThailandTommy Posted March 30, 2010 Share Posted March 30, 2010 Did you have the insurance company or anyone witness the fact that the payments were in full and final settlement? A friend had an accident in which a Thai died, he disputed that it was his fault, got banged up for a week until he weighed in to the family once he had done that, game over, money number one! So long as everyone is ‘looked after’, it should never go to court. My concern would be that the family would go after a second helping. I would go to a brief and appraise him of the facts and get (if you haven’t already done so) all relevant documents translated. Let him contact the MIB and see what they want. Link to comment Share on other sites More sharing options...
neverdie Posted March 30, 2010 Share Posted March 30, 2010 (edited) ^He actually got sentenced to 12 months & is on bail appealing that sentence. A thousand apologies No, no problems, I just remember reading that. I feel the OP may need to seek the services of the correct type of solicitor for this one. I personally would always err on the side of caution with these types of things......thai jail being what it is and all that. Theres some good guys for advice on this forum with this type of thing, hopefully one of them will be along soon to help the OP. Harry, My uncle in law (thai) was just involved in a fatal mva. Hearing the circumstances to the accident, I don't feel he was responsible, but the Police laid blame with him. Like with yourself, his insurer settled with the family involved for the tune of 100k & he then entered into negotiations with the family for 50,000 baht, plus his wife had already made arrangements for and paid for the transfer of the deceased body and the needles required to preserve the body. After that the Police then lurked around for some settlement (Im not privy to) and that was the end of the matter. How long ago did the accident occurr? Edited March 30, 2010 by neverdie Link to comment Share on other sites More sharing options...
Lakegeneve Posted March 30, 2010 Share Posted March 30, 2010 Are you saying it was your fault? and you are still a free man? yes i was bailed from the police i have settled with the family through my insurrance and also a cash payment from me. it will now go to court we have a statement taking by police and singed by the family that they dont wont to make any problems for me. can anyone give me an idea what to expect from the courts You did ALL of this without getting any professional legal advice?!!!! Do you read that and fully understand the stastement and any police forms that you may have signed? And now your asking for legal advice on a forum! Seriously, if you were involved in an accident back home which resulted in a fatality would you not be seeking legal advice as a matter of urgency? Link to comment Share on other sites More sharing options...
Soutpeel Posted March 30, 2010 Share Posted March 30, 2010 I feel the OP may need to seek the services of the correct type of solicitor for this one. I personally would always err on the side of caution with these types of things......thai jail being what it is and all that.Theres some good guys for advice on this forum with this type of thing, hopefully one of them will be along soon to help the OP. Better to be over prepared for something like this than not prepared...get the best lawyer you can afford to act as the go between, he/she may be able to faciltate the negotiaions to make this not get to court.....guessing it would be money well spent.. Link to comment Share on other sites More sharing options...
Mario2008 Posted March 30, 2010 Share Posted March 30, 2010 No expert in this and would recommend seeing a lawyer. You will need one and he can tell you better what the prospects are. But the fact that you settled with the family is important, also that you admit your are wrong will carry a lot of weight. Link to comment Share on other sites More sharing options...
craigt3365 Posted March 30, 2010 Share Posted March 30, 2010 (edited) Hate to ask, but can you say how it happened? I am new to driving here and dealing with these crazy scooter drivers is tough. I have to dodge them every day! It is just a matter of time before something happens.... Sorry...this thread moved faster than my fingers allowed! Edited March 30, 2010 by craigt3365 Link to comment Share on other sites More sharing options...
neverdie Posted March 30, 2010 Share Posted March 30, 2010 Hate to ask, but can you say how it happened? I am new to driving here and dealing with these crazy scooter drivers is tough. I have to dodge them every day! It is just a matter of time before something happens.... He explained it already craig, he was doing a u-turn and hit a scooter, he didnt see it coming. Thats all. Link to comment Share on other sites More sharing options...
Crossy Posted March 30, 2010 Share Posted March 30, 2010 Hate to ask, but can you say how it happened? I am new to driving here and dealing with these crazy scooter drivers is tough. I have to dodge them every day! It is just a matter of time before something happens.... Post #14 Link to comment Share on other sites More sharing options...
NADTATIDA1 Posted March 30, 2010 Share Posted March 30, 2010 Maybe the police have had there cut out of the money paid to the family......for a life it is peanuts but of course life seems to be cheap here. good luck and be careful with any lawyers here they are all in cahoots with the old bill anyway. You are lucky really because anywhere else and i think you could of being doing time inside. Link to comment Share on other sites More sharing options...
G54 Posted March 30, 2010 Share Posted March 30, 2010 Maybe the police have had there cut out of the money paid to the family......for a life it is peanuts but of course life seems to be cheap here. good luck and be careful with any lawyers here they are all in cahoots with the old bill anyway.You are lucky really because anywhere else and i think you could of being doing time inside. ?? Really? For an accident? Yes OP get a lawyer. Ask for recommendations. If this was Thai on Thai my g/f tells me she sincerely doubts it would be going to court after the payments have been made. She has been in a similar incident herself. Mother paid up to everyone and daughter was free to go. Link to comment Share on other sites More sharing options...
Chonburiram Posted March 30, 2010 Share Posted March 30, 2010 Just being nosey.. Care to tell us what happened? who was at fault etc.... how you dealt with compensation for the family.. I've been lucky but always figured it was only a matter of time before I hit a motorbike while driving at no fault to myself. Well a long story cut short i was turning to do a u turn and hit the bike just didnt see him. the insurance payed out 330k and me another 300k but iwill have to face something like not driving with due care and causing death in the process. what to hear aboutr anyone with experience or hear say on jail time or not. i have followed the family in the process of funeral and have also been a monk for 9 days to allow him to go to heaven so to speek. so we have not just walked away cheers Wow,630 000, and they still don't let you off the hook????? How long ago did it happen? I don't know the law, but the police have to give the case to the court in time; I have the feeling, they already waited too long to hand it over ... For 630 000 I could kill half a dozen Stop paying money under the table! If there will be a court case wait for the outcome and than pay! Don't be afraid, no jail for you, but, maybe another 100 000... Link to comment Share on other sites More sharing options...
Loz Posted March 30, 2010 Share Posted March 30, 2010 DOn't be too pesimistic. Sounds like your insurance company (who will DOUBTLESS have retained counsel) have advised you along the way and you have played along nicely. Good luck mate. THink positive. Link to comment Share on other sites More sharing options...
NADTATIDA1 Posted March 30, 2010 Share Posted March 30, 2010 (edited) Maybe the police have had there cut out of the money paid to the family......for a life it is peanuts but of course life seems to be cheap here. good luck and be careful with any lawyers here they are all in cahoots with the old bill anyway.You are lucky really because anywhere else and i think you could of being doing time inside. ?? Really? For an accident? Yes OP get a lawyer. Ask for recommendations. If this was Thai on Thai my g/f tells me she sincerely doubts it would be going to court after the payments have been made. She has been in a similar incident herself. Mother paid up to everyone and daughter was free to go. "Hi I was wondering if any one out there has any experience in being involved in a fatal accident. I was unlucky to be driving and caused a death on a motorbike rider. can anyone give me some advise of what to expect from the court process. thanks in advance." G54 yes really!! If you read the op's posts he readily admits that he caused the accident "Well a long story cut short i was turning to do a u turn and hit the bike just didnt see him." I take your point about what your wife says but this is not thai on thai... and causing death by dangerous driving in a lot of western countries does lead to imprisonment,if he did not see him then in the west this would be classed as driving without due care and attention...ie; dangerous driving! That is why i said he is lucky it happened here,i hope you understand me now. And getting a lawyer is just going to cost him a whole lot more money,he would be better off giving the police money now and walking away. Edited March 30, 2010 by NADTATIDA1 Link to comment Share on other sites More sharing options...
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