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Posted

Not sure why you are involved in the settlement, but so be it. If the motorbike is repaired, the riders and driver doctor/hospital bills are taken care of, what more is required? No lost ability was mentioned nor work so I guess life has gone on as normal. The payment to the person who was killed has no bearing on your settlement.

Sorry but I think your attitude is rather cold, surely these people have a right to some form of compensation for the emotional stress etc., that this has caused, and surely the driver should be punished. You say: ".... I guess life has gone on as normal. ....". How can life just go on as normal after being injured in such an accident? These people are human beings not machines that you fix and just restart.

If your child was involved in such an accident I would hope you might be a little more concerned and be watching very carefully for the psychological scars now with the child.

If your wife was injured by in such an accident I guess you say to your wife:

- Let's check, still 2 arms and 2 legs, OK, forget about it, get on with your work.

No, its not cold. It's realistic and honest. Just how do you quantify emotional stress from a collision? Please don't use some western countries' parameters. The compensation paid for emotional distress is not significant in Thailand. Thailand is not unique in that approach. In Canadian no fault provinces, a meat chart is used to award compensation and pain and suffering don't get people very much. In order to have such a large payment there has to have been a "catastrophic" loss.

In respect to the insurance company's offer, that was most likely a starting point. The repairs will have to be reimbursed in full. Unfortunately some people use the collision as a way to repair other damage. A proper estimate from the repair shop should be obtained and given to the insurer. There cannot be an argument over that. In respect to the medical payments, the insurer will pay 100% of the costs arising from the injury. If one wishes to make a claim for psychological distress, then the claim will have to be proven. That means obtaining a medical assessment and an estimate of the costs of counseling. The catch is that Thais don't usually seek such counseling.

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Posted

I miss one point: Who's fault was it? The car driver's or the motorbike drivers or a third person?

I know that under Thai law civil responsibility lays with the car driver, unless the motorbike driver has been grossly negligent. We don't know what happened here.

Whether or not the car driver will be prosecuted under penal law and put in prison, is a totally different issue and has nothing to do with civil liability.

Also add to this. Mum In law+friend+baby on motorbike. Against the law. Was the bike road taxed-Insured, was everyone wearing a crash helmet, Including the baby?

I could have any amount of accidents I wanted, in any day with People on motorbikes here. Basically they haven't got a clue.

I would take what you can get and be thankful.

jb1

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