Motorcycle Accident

[Baannok]

Hello all

About a month ago I was in a motorcycle accident. I hit a samlor (the three wheeled bicycle kind, not tuktuk) at night. I was in the right lane and he merged from the opposing lane. It was dark so I did not see him. We were both taken to the hospital and I had surgery. Not sure how hurt the samlor driver was. A few days after the accident we met with relatives of the samlor driver who said perhaps we could help him out to repair his samlor. They mentioned it might cost around 700 to 1000 baht. We did not agree on anything back then but just said we'll discuss it later when both of us have recovered.

Now it turns out the samlor driver has a friend at the police station. A nasty old lady. I'm not certain of her exact position but she does some kind of work there. She did not wear a uniform. We were called to the police station and met up with samlor driver, a relative of his and this old lady. She was not even interested to hear our side of the story and was very rude throughout the whole conversation. She said it was 100% my fault. No police officer came in to be the middleman during the conversation. We asked the samlor driver: "if it is our fault, what do you want us to do?" He did not reply. Neither of us admitted of being guilty, so both parties left the police station. The old lady was very upset and called me names. I kept myself cool throughout the whole ordeal.

Now I'm not sure what will happen but I think we will be called to the police station again, hopefully talk with a real police officer then. Meanwhile I'm worried about what this lady can do. I don't know if she has the power to get me into more trouble, sue (bribe judges etc) or whatever. She wants us to talk with her instead of to the samlor driver, most likely because she can come up with whatever she wants and demand more money than the samlor driver would dare. I would like to refuse to talk or meet her again as she was very rude, but maybe that is not possible.

So my question is, what should I do at this stage? We could try to contact the samlor driver directly and offer him some money, but I'm sure this old lady has instructed him to not accept any small offers. I would not want to pay more than 1-2000 baht as mentioned in the first meeting. I don't think the accident was entirely my fault, I was also hurt (needed surgery) and had to pay for repairs of my bike. The motorcycle insurance took care of the hospital bills for both of us, though he claims it was not enough for him. I've spoken to some Thai friends and some of them says I shouldn't worry too much as it is a small matter and the other party is unlikely to sue as it will take a long time and cost them more money and effort than it is worth. My concern is this old lady at the police station and what she can do.

[onnut]

I would ignore her. Do let your insurance company know what is happening also.

BTW, it sounds like it is his fault by the way you have discribed it here.

[katabeachbum]

I would ignore her. Do let your insurance company know what is happening also.

BTW, it sounds like it is his fault by the way you have discribed it here.

make sure you have at least 2 witnesses understanding thai present at every conversation with either samlor guy or police employee.

also try to get a witness for accident

[Kwasaki]

Sometimes the police get involved just to get some dosh off of you.

Just let your insurance deal with it refer everyone to them, you say they have already paid the hospital bills for the samlor driver without admitting liability l take it, sounds like you have done enough already.

You didn't mention your witness.

[apetley]

Pass everything to your insurance company should they give you any communications at all.

If your called to the Police station again consult your insurance company first and get their advice.

[floridaguy]

From my past experience with the law and police here in Thailand, which is a long story for another time, just ignore her or any summons from them unless it is a court summons or order. She and the police can do nothing at this point without a court order. If the police come to visit you, or the lady at the police station, you do NOT have to speak to them or give them anything. You don't have to let the police in your place either. They may want to ask you for your passport and/or work permit, so make sure you are all in order there. But you do not give them any money. It is sad that it comes to this, but the lady was just trying to bully you into paying.

You will know before hand by the summons to appear in court. They don't sound like they have the money to do that either. Just forget about it, refer all further correspondence from either the driver or his friend to your insurance company.

Glad that you are alright, scary thing getting into an accident. Hope all is well.

[Baannok]

Thanks for all your replies. One police officer said it was my fault as I was in the right lane, apparently motorcyclist are only supposed to be in the left lane. I don't think it was an official "verdict" or something and I did not admit or sign anything of course. If this goes to court I'll say I was about to make a right turn. The samlor driver says (most likely adviced by the old police woman friend) that he was walking with the samlor across the road, not riding the samlor. Maybe in court I can counter with that he did not cross the road at a zebra crossing.

Anyway, I've spoken to some more people and most say to not worry too much about it. It's kind of hard not to though as who knows what having some connections and corruption can do in this country.

[Tywais]

If he does file for a court appearance, not likely as mentioned, it will normally take several months for a court date. This will be dealt with as a negotiation between the two parties in front of the judge who will make the final decision regarding culpability and clearing the case.

As for the right lane, the officer was correct in that MCs are required to stay in the left lane unless overtaking or making a right turn.

[MikeyIdea]

The reason why it is good to have insurance

Your insurance company is your representative - Call your insurance company and ask them nicely to send one of their guys to join. Just tell the guy that you are happy to accept responsibility for the accident and thereby pay the 400 bath that they legally should change you but that you refuse to pay even one single bath outside of that. Then leave it up to the insurance guy to do the talking. If the road you travelled on was a 2 lane road, then you are only allowed to drive in the first lane, yes, if the road has 3 or more lanes, then you are allowed to drive on lane 1 and 2. It sounds like this is the 3lors fault but it doesn't matter. does it? The only thing you want I would think is peace of mind. Maximum penalty the police can give you according to law (for the accident) is 400 bath. They could fine you for driving without lights, without helmet, whatever too but the accident is maximum 400 bath. Anything more for the accident and they MUST push this to the district atterney

This is Civil Law and that nasty police woman does not even have the right to stop you from leaving if you tell them to take it to court and stand up and walk away. There is a court process that deals with civil law and the police cannot arrest you for something that is covered by civil law, the only thing they can do is to formally push this to the district atterney to decide if he allows this to pass on to the courts or if he push it back to the police again = end of story and loss of face for the police of course. Believe me, the police do not want this issue to get to the district atterney, he is utterly bored with stuff like this and knows exactly what the police are trying to do. That is a weapen you have against the police by the way. A crime covered by Criminal Law is what is needed for the police to arrest you and this is not criminal law,

3 words that should help that nasty police woman to not be so nasty

1) District atterney - Ajjagarn - อัยการ The police do not want this to go to him, I guarantee you that

2) Civil Law - กฎหมายแพ่ง That means that the police have no rights to arrest you, they can push this to the district atterney if they want, no more than that,

3) Criminal law - กฎหมายอาญา A murder is criminal law, a motorcycle accident is not...

I do recommend to tell the police woman that you have checked the law. I recommend you to tell her that she can take this to Ajjagarn if she wants, no problem but that you will pay no money whatsoever except a 400 bath penalty for the accident, the police can contact your insurance company if they want more. Give them the phone number.. Use the word Ajjagarn several times

Good Luck

Edited October 19, 2010 by MikeyIdea

[MikeyIdea]

Thanks for all your replies. One police officer said it was my fault as I was in the right lane, apparently motorcyclist are only supposed to be in the left lane. I don't think it was an official "verdict" or something and I did not admit or sign anything of course. If this goes to court I'll say I was about to make a right turn. The samlor driver says (most likely adviced by the old police woman friend) that he was walking with the samlor across the road, not riding the samlor. Maybe in court I can counter with that he did not cross the road at a zebra crossing.

Anyway, I've spoken to some more people and most say to not worry too much about it. It's kind of hard not to though as who knows what having some connections and corruption can do in this country.

This will not go to court ever, the police will lose face because the district atterney will (correctly so) think that the police weren't doing their job - Don't worry

[floridaguy]

Thanks for all your replies. One police officer said it was my fault as I was in the right lane, apparently motorcyclist are only supposed to be in the left lane. I don't think it was an official "verdict" or something and I did not admit or sign anything of course. If this goes to court I'll say I was about to make a right turn. The samlor driver says (most likely adviced by the old police woman friend) that he was walking with the samlor across the road, not riding the samlor. Maybe in court I can counter with that he did not cross the road at a zebra crossing.

Anyway, I've spoken to some more people and most say to not worry too much about it. It's kind of hard not to though as who knows what having some connections and corruption can do in this country.

True about right lanes and motorbikes, but somlor's also must stay to the left unless turning/overtaking. I assume you aren't in an area where pedaled samlors are illegal, such as anywhere in Bangkok?

[Kwasaki]

Thanks for all your replies. One police officer said it was my fault as I was in the right lane, apparently motorcyclist are only supposed to be in the left lane. I don't think it was an official "verdict" or something and I did not admit or sign anything of course. If this goes to court I'll say I was about to make a right turn. The samlor driver says (most likely adviced by the old police woman friend) that he was walking with the samlor across the road, not riding the samlor. Maybe in court I can counter with that he did not cross the road at a zebra crossing.

Anyway, I've spoken to some more people and most say to not worry too much about it. It's kind of hard not to though as who knows what having some connections and corruption can do in this country.

This will not go to court ever, the police will lose face because the district atterney will (correctly so) think that the police weren't doing their job - Don't worry

+1

[Baannok]

True about right lanes and motorbikes, but somlor's also must stay to the left unless turning/overtaking. I assume you aren't in an area where pedaled samlors are illegal, such as anywhere in Bangkok?

This happened in Nonthaburi. We went to the Nonthaburi police station. Samlor claims he was in the middle of the road (a small bridge without streetlights) waiting to cross. Is it by Thai law required to cross only at zebra crossings? I also tried to find out whether samlors are legal in that area (on krungtep-nonthaburi rd) but wasn't able to find anything.

We have not heard anything back from the police or anyone. I'll keep you guys updated if anything further happens. Once again, thank you all for your replies.

[floridaguy]

True about right lanes and motorbikes, but somlor's also must stay to the left unless turning/overtaking. I assume you aren't in an area where pedaled samlors are illegal, such as anywhere in Bangkok?

This happened in Nonthaburi. We went to the Nonthaburi police station. Samlor claims he was in the middle of the road (a small bridge without streetlights) waiting to cross. Is it by Thai law required to cross only at zebra crossings? I also tried to find out whether samlors are legal in that area (on krungtep-nonthaburi rd) but wasn't able to find anything.

We have not heard anything back from the police or anyone. I'll keep you guys updated if anything further happens. Once again, thank you all for your replies.

You won't. Good luck. And if you are in the Bangkok part of Nonthaburi, they are still illegal. He said/she said about where you were, unless the police on scene painted the outline of your bike and his samlor like the do with cars and fatal accidents. They it is easy to get a photo before it wears off. If not, no one can prove one way or the other, without witnesses.

[james24]

The reason why it is good to have insurance

Your insurance company is your representative - Call your insurance company and ask them nicely to send one of their guys to join. Just tell the guy that you are happy to accept responsibility for the accident and thereby pay the 400 bath that they legally should change you but that you refuse to pay even one single bath outside of that. Then leave it up to the insurance guy to do the talking. If the road you travelled on was a 2 lane road, then you are only allowed to drive in the first lane, yes, if the road has 3 or more lanes, then you are allowed to drive on lane 1 and 2. It sounds like this is the 3lors fault but it doesn't matter. does it? The only thing you want I would think is peace of mind. Maximum penalty the police can give you according to law (for the accident) is 400 bath. They could fine you for driving without lights, without helmet, whatever too but the accident is maximum 400 bath. Anything more for the accident and they MUST push this to the district atterney

This is Civil Law and that nasty police woman does not even have the right to stop you from leaving if you tell them to take it to court and stand up and walk away. There is a court process that deals with civil law and the police cannot arrest you for something that is covered by civil law, the only thing they can do is to formally push this to the district atterney to decide if he allows this to pass on to the courts or if he push it back to the police again = end of story and loss of face for the police of course. Believe me, the police do not want this issue to get to the district atterney, he is utterly bored with stuff like this and knows exactly what the police are trying to do. That is a weapen you have against the police by the way. A crime covered by Criminal Law is what is needed for the police to arrest you and this is not criminal law,

3 words that should help that nasty police woman to not be so nasty

1) District atterney - Ajjagarn - อัยการ The police do not want this to go to him, I guarantee you that

2) Civil Law - กฎหมายแพ่ง That means that the police have no rights to arrest you, they can push this to the district atterney if they want, no more than that,

3) Criminal law - กฎหมายอาญา A murder is criminal law, a motorcycle accident is not...

I do recommend to tell the police woman that you have checked the law. I recommend you to tell her that she can take this to Ajjagarn if she wants, no problem but that you will pay no money whatsoever except a 400 bath penalty for the accident, the police can contact your insurance company if they want more. Give them the phone number.. Use the word Ajjagarn several times

Good Luck

Bloody hel_l, is that true about 400 baht, maximum...?!!!! Wow I got done in Phuket then, had to pay 2000 for hitting a wall. lol now I retell the story I cant help but laugh, but I wasnt drunk, its just the road seemed to end and I skidded on a dirt track.

Thing is if I pulled the 400 baht thing in Phuket I might have just got a dry slap Frank Butcher style.

[MikeyIdea]

The reason why it is good to have insurance

Your insurance company is your representative - Call your insurance company and ask them nicely to send one of their guys to join. Just tell the guy that you are happy to accept responsibility for the accident and thereby pay the 400 bath that they legally should change you but that you refuse to pay even one single bath outside of that. Then leave it up to the insurance guy to do the talking. If the road you travelled on was a 2 lane road, then you are only allowed to drive in the first lane, yes, if the road has 3 or more lanes, then you are allowed to drive on lane 1 and 2. It sounds like this is the 3lors fault but it doesn't matter. does it? The only thing you want I would think is peace of mind. Maximum penalty the police can give you according to law (for the accident) is 400 bath. They could fine you for driving without lights, without helmet, whatever too but the accident is maximum 400 bath. Anything more for the accident and they MUST push this to the district atterney

This is Civil Law and that nasty police woman does not even have the right to stop you from leaving if you tell them to take it to court and stand up and walk away. There is a court process that deals with civil law and the police cannot arrest you for something that is covered by civil law, the only thing they can do is to formally push this to the district atterney to decide if he allows this to pass on to the courts or if he push it back to the police again = end of story and loss of face for the police of course. Believe me, the police do not want this issue to get to the district atterney, he is utterly bored with stuff like this and knows exactly what the police are trying to do. That is a weapen you have against the police by the way. A crime covered by Criminal Law is what is needed for the police to arrest you and this is not criminal law,

3 words that should help that nasty police woman to not be so nasty

1) District atterney - Ajjagarn - อัยการ The police do not want this to go to him, I guarantee you that

2) Civil Law - กฎหมายแพ่ง That means that the police have no rights to arrest you, they can push this to the district atterney if they want, no more than that,

3) Criminal law - กฎหมายอาญา A murder is criminal law, a motorcycle accident is not...

I do recommend to tell the police woman that you have checked the law. I recommend you to tell her that she can take this to Ajjagarn if she wants, no problem but that you will pay no money whatsoever except a 400 bath penalty for the accident, the police can contact your insurance company if they want more. Give them the phone number.. Use the word Ajjagarn several times

Good Luck

Bloody hel_l, is that true about 400 baht, maximum...?!!!! Wow I got done in Phuket then, had to pay 2000 for hitting a wall. lol now I retell the story I cant help but laugh, but I wasnt drunk, its just the road seemed to end and I skidded on a dirt track.

Thing is if I pulled the 400 baht thing in Phuket I might have just got a dry slap Frank Butcher style.

You never have to pay 2000 bath if you don't want. If the police want that much money, then they can push it to the district atterney - and they won't. You have the right to refuse to pay and you have the right to demand that the issue is pushed to the district atterney. Saying that though, if it was your fault and you accept that, then accepting to pay 500 or perhaps even a thousand bath is for many westerners very little money, especially for some peace of mind

[james24]

yeh I guess or a piece of wall :-)

[Badbanker]

Ignore the woman and as a last option take a Thai lawyer with you. I work with police everyday and they don't know the law! Lawyers do and police are dead set scared of them. Except their own pet lawyers of course. Take your insurance company with you and they should not have a problem.

Sounds like it wasn't your fault and you should ignore any demands. They think of your as scared and being an ideal Farang ATM!

Good Luck

BB

[LivinLOS]

When you say samlor do you mean a real, pedalled, samlor ?? Or do you mean a motorbike and side car / saleang ?? I was under the impression the latter are illegal everywhere (not 100% illegal but they would need to be tested by the society of automotive engineers which I estimate 0.001% will have been).

But yes a bike should only be in the left hand lane.. Thats true.

[CHdiver]

Just make sure you get a Lawyer with international Reputation. I mean we are talking about 700 to 1000 Baht here. With such a high amount of money asked you have to be very careful. So just the best and most expensive Lawyer will do.

[MikeyIdea]

Just make sure you get a Lawyer with international Reputation. I mean we are talking about 700 to 1000 Baht here. With such a high amount of money asked you have to be very careful. So just the best and most expensive Lawyer will do.

The police are normally reluctant to fine people causing an accident 400 bath even, I guess they take advantage of the rich farang in tourist areas like Pattaya and Phuket.

Not nice and option to refuse over 400 bath and tell the police to push it to the district atterney if they want more is valid

I agree with CHdiver though, if it doesn't break the economy, a thousand bath for peace of mind is not a lot of money

[Lumumba]

When I lived in the moobaan at Rewadee 50, only the fear of Jesus Christ kept me from running those pedal samlor guys off the 4 meter wide Rewadee road.

Dont pay them anything, they can always rent a bike or a tuk tuk to do business with instead of wasting everyone's time and giving themselves Hernia.

[JohnnyFeelIt]

You never said who it was that called you to the police station, the police, or the old lady? The police obviously aren't interested.

It sounds to me like some old lady is trying to be the 'big man' and bully some cash out of you. I can't understand why your entertaining any of them. What it boils down to is u getting bullied by some little old lady..

[Baannok]

Alright, time for an update. The police (not old lady) called this time for a meeting tomorrow. I'll do what MikeyIdea and others have told me. 400 baht fine for the police and maybe 1000 or 2000 for the samlor driver. If they want more, let them take it to the district attorney. Let's hope they are not good friends with the district attorney...

Anything else I should prepare beforehand?

[rics21]

Alright, time for an update. The police (not old lady) called this time for a meeting tomorrow. I'll do what MikeyIdea and others have told me. 400 baht fine for the police and maybe 1000 or 2000 for the samlor driver. If they want more, let them take it to the district attorney. Let's hope they are not good friends with the district attorney...

Anything else I should prepare beforehand?

stay calm dude. which police station is it? most likely they will try to find out whose fault is it.

if this can be cleared with MONEY between u and the samlor, the case can be closed without any problems (no court case will be due then, they will just write a "Ban Ter Per Zai Wan" take a photocopy of that). *no need for a fine.

but of course this is unlikely.

the police most likely do not want trouble, if they wanna get disturbing, please ask to contact your embassy. Wherever you are from. district attorney does not help much in this kinda case, from the way i look at it, it is a civil case "ke di pan", and most police officers and govt. officials do not like to get involved with the embassies.

actually, from my opinion, u should have contacted your embassy sooner than that. ask for some advises, that is y they have the embassy seating in the middle of this south east asia country, an embassy aint just for VISAs.

bring a thai, or the mrs. there if possible.

anyway this is a minor case, i once got hit by a honda jazz, while stopping at a traffic junction. (i was driving a camry and the right hand side of the car was totally "destroyed".) the lady driver insisted that she did nothing wrong, so when the insurance from both our cars came they dont know what to do when both of us aint admitting its whoever fault???!!??? in the end we will have to go together to the chokchai 4 police station. we were questioned separately by the officer on duty who is a ร้อยตำรวจโท - Police Lieutenant (roi tamruat tho) - 'Mor. after spending half a day at the police station, the officer found the Jazz lady at fault, her insurance company will bear the costs of the accident and she is fined 400 baht for reckless driving and 400 baht for lying to a police officer.

TOTAL DAMAGE: 800 BAHT

so dude, even if its your fault and u lied, so what??!!?? its only 800 baht.

[GooEng]

You never said who it was that called you to the police station, the police, or the old lady? The police obviously aren't interested.

It sounds to me like some old lady is trying to be the 'big man' and bully some cash out of you. I can't understand why your entertaining any of them. What it boils down to is u getting bullied by some little old lady..

Edited November 17, 2010 by joe ekkamai

[GooEng]

Alright, time for an update. The police (not old lady) called this time for a meeting tomorrow. I'll do what MikeyIdea and others have told me. 400 baht fine for the police and maybe 1000 or 2000 for the samlor driver. If they want more, let them take it to the district attorney. Let's hope they are not good friends with the district attorney...

Anything else I should prepare beforehand?

stay calm dude. which police station is it? most likely they will try to find out whose fault is it.

if this can be cleared with MONEY between u and the samlor, the case can be closed without any problems (no court case will be due then, they will just write a "Ban Ter Per Zai Wan" take a photocopy of that). *no need for a fine.

but of course this is unlikely.

the police most likely do not want trouble, if they wanna get disturbing, please ask to contact your embassy. Wherever you are from. district attorney does not help much in this kinda case, from the way i look at it, it is a civil case "ke di pan", and most police officers and govt. officials do not like to get involved with the embassies.

actually, from my opinion, u should have contacted your embassy sooner than that. ask for some advises, that is y they have the embassy seating in the middle of this south east asia country, an embassy aint just for VISAs.

bring a thai, or the mrs. there if possible.

anyway this is a minor case, i once got hit by a honda jazz, while stopping at a traffic junction. (i was driving a camry and the right hand side of the car was totally "destroyed".) the lady driver insisted that she did nothing wrong, so when the insurance from both our cars came they dont know what to do when both of us aint admitting its whoever fault???!!??? in the end we will have to go together to the chokchai 4 police station. we were questioned separately by the officer on duty who is a ร้อยตำรวจโท - Police Lieutenant (roi tamruat tho) - 'Mor. after spending half a day at the police station, the officer found the Jazz lady at fault, her insurance company will bear the costs of the accident and she is fined 400 baht for reckless driving and 400 baht for lying to a police officer.

TOTAL DAMAGE: 800 BAHT

so dude, even if its your fault and u lied, so what??!!?? its only 800 baht.

agree with the above - it sounds like a typical case of extortion by mrs nasty cos she thinks she's a big-shot and her sam-lor drivng relative probably believes the same.

at least get the name and number of a thai lawyer to flash about if things get nasty.

perhaps better still call one in advance and explain the situation and if possible have them available to step in as representation if things get heated.

btw, thai word for lawyer is "tan-aye kwaam". ("aye" being pronunced as in the english word "eye")

as mentioned in pervious posts, the average cops in thailand are afraid of lawyers.

[rics21]

Alright, time for an update. The police (not old lady) called this time for a meeting tomorrow. I'll do what MikeyIdea and others have told me. 400 baht fine for the police and maybe 1000 or 2000 for the samlor driver. If they want more, let them take it to the district attorney. Let's hope they are not good friends with the district attorney...

Anything else I should prepare beforehand?

stay calm dude. which police station is it? most likely they will try to find out whose fault is it.

if this can be cleared with MONEY between u and the samlor, the case can be closed without any problems (no court case will be due then, they will just write a "Ban Ter Per Zai Wan" take a photocopy of that). *no need for a fine.

but of course this is unlikely.

the police most likely do not want trouble, if they wanna get disturbing, please ask to contact your embassy. Wherever you are from. district attorney does not help much in this kinda case, from the way i look at it, it is a civil case "ke di pan", and most police officers and govt. officials do not like to get involved with the embassies.

actually, from my opinion, u should have contacted your embassy sooner than that. ask for some advises, that is y they have the embassy seating in the middle of this south east asia country, an embassy aint just for VISAs.

bring a thai, or the mrs. there if possible.

anyway this is a minor case, i once got hit by a honda jazz, while stopping at a traffic junction. (i was driving a camry and the right hand side of the car was totally "destroyed".) the lady driver insisted that she did nothing wrong, so when the insurance from both our cars came they dont know what to do when both of us aint admitting its whoever fault???!!??? in the end we will have to go together to the chokchai 4 police station. we were questioned separately by the officer on duty who is a ร้อยตำรวจโท - Police Lieutenant (roi tamruat tho) - 'Mor. after spending half a day at the police station, the officer found the Jazz lady at fault, her insurance company will bear the costs of the accident and she is fined 400 baht for reckless driving and 400 baht for lying to a police officer.

TOTAL DAMAGE: 800 BAHT

so dude, even if its your fault and u lied, so what??!!?? its only 800 baht.

agree with the above - it sounds like a typical case of extortion by mrs nasty cos she thinks she's a big-shot and her sam-lor drivng relative probably believes the same.

at least get the name and number of a thai lawyer to flash about if things get nasty.

perhaps better still call one in advance and explain the situation and if possible have them available to step in as representation if things get heated.

btw, thai word for lawyer is "tan-aye kwaam". ("aye" being pronunced as in the english word "eye")

as mentioned in pervious posts, the average cops in thailand are afraid of lawyers.

lawyers r costly, they r like the extortionist similar when compared to the nasty old lady. lawyers in thailand r too ex, if u r a farang and u dont know any one here. lawyers r like the last resort. aint good to contact them unless u know any one of them personally.

[richard_smith237]

In an accident about 10 years ago neither myself nor the driver of the (illegal and uninsured) passenger mini-van accepted fault.

I witnessed a guy (the mini-van drivers boss) come into the Police station and hand over a brown envelope in which I suspected was money (yes, very Cliché). I continued to object to it being my fault and each time I was told why they thought it was my fault, I countered with evidence (from the photo's I'd taken) how why what the mini-van driver was telling them was a lie. Eventually the mini-van driver was shouted at and told to get out of the office (where we were discussing who was at fault). I didn't speak Thai at the time but had a Thai friend to translate.

The decision of fault was pushed up to the next level (equivalent of D.A. I've no idea, but we had to visit an HQ at different station near Yommarat). After an explanation of what happened and my continued insistence that it was not my fault the final verdict was 50/50. I was told that there was no problem if I wanted this to go further and potentially to court and that I'd likely win.

I accepted the result based on the fact that the other van had no insurance. It was up to the police to deal with that issue.

I paid the B400 (and given a receipt) after accepting 50% of the responsibility.

I felt that had the same accident occurred in the UK the driver of the mini-van could have been charged on numerous counts (i.e. driving dangerously down an oncoming bus lane and no insurance).

However, I also felt that the system here was not against me and contrary to what many believe its not always the foreigners fault. Not being able to articulate our side may prove harmful to any decision making and generally the path of least resistance will be taken until a decision can be made by someone senior enough.

Edited November 17, 2010 by richard_smith237

[Baannok]

Back from the police station. Police was fairly neutral, saying as there were no witnesses (there probably were but nobody stopped to give a statement I guess), he could not say who was at fault. It's my story against the samlor. He said that the samlor was not supposed to have crossed the road where he did, and I was not supposed to be in the right lane. The samlor asked for 30,000 baht. I offered them 4000 baht, which I already think is too much. They were not happy and said they will sue. The police said we should solve this matter now as suing will cost both parties a lot more money than 30,000. My girlfriend was with me and she wants to see and end to this, so (without asking me) she offered them 5000 + we would repair his bike. They said they will meet again at 2pm and tell their decision to the police. It is now 3pm and we have not yet heard anything from them. The police said if we can not agree on anything, he will ask the doctor (who took care of us at the hospital) to write down our injuries and then the samlor driver can use it in court to prove that he was more injured than me and I should be responsible.

I have never sued anyone but according to most people I've talked to it should not be an easy thing to do and where they will get the money to hire a lawyer I don't know. He is claiming that repairing the bike costs something like 7000 and he hasn't been able to work for months. So I guess it's back to waiting again.

How likely do you guys think it is that he will be able to sue me?