Traffic Accident Pattaya North / 3Rd Road

[JaiLai]

I don't understand why you are downplaying cameras. In your situation the fact that the police don't want to listen to your witnesses is of course troubling, but any hard evidence is much better than some bystander eyewitnesses which have a story that even you in your first post didn't believe to be the correct description of the situation. I didn't get the idea from your posts that neither you or the eyewitnesses in your side observed what truly and definately happened without a doubt and that makes your case rather problematic.

In my country the rearender is usually the guilty one and it is also quite usual that a rearending situation involves some strange behaviour from the rearended and that might or might not be an punishable offence which might earn the rearended one a ticket, but most of the guilt even in that case lies with the rearender which pays the bills even when the other driver has some guilt to the situation. It is quite rare that the rearender is declared totally innocent and I don't find from your own description you to be totally innocent either. You should have slowed down significantly if you see somebody making a silly move in front of you and in case of a totally completed 180 degree uturn with an additional stop after observing traffic seems quite long time for you to see this silly move and slow down to stop avoiding to hit him.

I think that even in my country the odds that you would be declared totally innocent in a situation like this would be against you without some really hard evidence to show that you slowed down significantly or either that there simply was no time for you to see this silly uturn and react to it far better than what a couple eyewitnesses could provide when other side has also some eyewitnesses on their side. The situation starts so clearly against you in a rearending accident. What could save the day could be a camera.

You're missing the point, this is Thailand, the facts count for nothing, with OR without evidence.

[jmo]

But the claim that facts count for nothing in thailand counts for nothing when it is presented in a case like this.

[JaiLai]

But the claim that facts count for nothing in thailand counts for nothing when it is presented in a case like this.

Facts count for nothing in ALL cases in this country, that IS a fact.

[ROBINPATTAYA]

I was travelling up Suk about 12.00 midnight when a very drunk Thai man ran across the road in front of me. He was dressed in black & it was a very dark area of Suk. I saw a glance of something out of my left side & swerved up onto the raised median strip taking out some bushes, posts etc. Luckily my swift actions resulted in the guy getting touched by my left fender knocking him out.

The emergency people quickly arrived & took charge. They called my insurance company & after about 20 minutes the police came. The car was badly damaged by my actions in avoiding the guy. I had to go to the hospital to identify the guy????

The next day I had to front up at the police station & identify the guy, (who I never really saw).

The police captain was fantastic & said the guy was drunk & my actions avoided him being killed, and said it wasn't my fault.

He also said the guy wanted to go to Petchabun but had no money, could I give him some. I volunteered thb500 which was accepted.

The police captain shook my hand & said I was a good man.

AXA insurance, well that is another matter, needless to say I am not with them now. They stood their ground & wouldn't pay for my tyre as it was used, (8,000 kilometres), they offered me a deal of 50% each. I asked them to show this item in their policy, they couldn't. Then I said show me this item in your corporate manual, they couldn't. They refused to budge saying I could wait for them to find a tyre with 8000 klms on it but this may take a year. Bastards

I have no complaints about how I was treated by the police, but that doesnt extend to the highway police....555

[Mobi]

AXA insurance, well that is another matter, needless to say I am not with them now. They stood their ground & wouldn't pay for my tyre as it was used, (8,000 kilometres), they offered me a deal of 50% each. I asked them to show this item in their policy, they couldn't. Then I said show me this item in your corporate manual, they couldn't. They refused to budge saying I could wait for them to find a tyre with 8000 klms on it but this may take a year. Bastards

It is accepted practice here amongst all insurers not to reimburse the cost of tyres damaged in accidents on an 'as new' basis, but to to ascertain the amount of wear and tear and then pay an 'adjusted' amount. This probably explains why you couldn't find it in your policy, as it is normal.

I doubt whether your new insurer will behave any differently.

I'm not saying its right, but that's the way it is. I once had around 800K of insurance repairs done to my badly damaged BMW and everything was paid in full except a deduction for worn tyres....

If you check around, you will find It is a common bone of contention with farangs, but Thais understand that this is way it is it is done here.

unfortunately, there's little you can do about it.

Edited July 2, 2012 by Mobi

[JaiLai]

I was travelling up Suk about 12.00 midnight when a very drunk Thai man ran across the road in front of me. He was dressed in black & it was a very dark area of Suk. I saw a glance of something out of my left side & swerved up onto the raised median strip taking out some bushes, posts etc. Luckily my swift actions resulted in the guy getting touched by my left fender knocking him out.

The emergency people quickly arrived & took charge. They called my insurance company & after about 20 minutes the police came. The car was badly damaged by my actions in avoiding the guy. I had to go to the hospital to identify the guy????

The next day I had to front up at the police station & identify the guy, (who I never really saw).

The police captain was fantastic & said the guy was drunk & my actions avoided him being killed, and said it wasn't my fault.

He also said the guy wanted to go to Petchabun but had no money, could I give him some. I volunteered thb500 which was accepted.

The police captain shook my hand & said I was a good man.

AXA insurance, well that is another matter, needless to say I am not with them now. They stood their ground & wouldn't pay for my tyre as it was used, (8,000 kilometres), they offered me a deal of 50% each. I asked them to show this item in their policy, they couldn't. Then I said show me this item in your corporate manual, they couldn't. They refused to budge saying I could wait for them to find a tyre with 8000 klms on it but this may take a year. Bastards

I have no complaints about how I was treated by the police, but that doesnt extend to the highway police....555

And your reason for giving him 500 baht was??

[ROBINPATTAYA]

I was travelling up Suk about 12.00 midnight when a very drunk Thai man ran across the road in front of me. He was dressed in black & it was a very dark area of Suk. I saw a glance of something out of my left side & swerved up onto the raised median strip taking out some bushes, posts etc. Luckily my swift actions resulted in the guy getting touched by my left fender knocking him out.

The emergency people quickly arrived & took charge. They called my insurance company & after about 20 minutes the police came. The car was badly damaged by my actions in avoiding the guy. I had to go to the hospital to identify the guy????

The next day I had to front up at the police station & identify the guy, (who I never really saw).

The police captain was fantastic & said the guy was drunk & my actions avoided him being killed, and said it wasn't my fault.

He also said the guy wanted to go to Petchabun but had no money, could I give him some. I volunteered thb500 which was accepted.

The police captain shook my hand & said I was a good man.

AXA insurance, well that is another matter, needless to say I am not with them now. They stood their ground & wouldn't pay for my tyre as it was used, (8,000 kilometres), they offered me a deal of 50% each. I asked them to show this item in their policy, they couldn't. Then I said show me this item in your corporate manual, they couldn't. They refused to budge saying I could wait for them to find a tyre with 8000 klms on it but this may take a year. Bastards

I have no complaints about how I was treated by the police, but that doesnt extend to the highway police....555

And your reason for giving him 500 baht was??

I thought I had a fair victory in what is called a corrupt society. The guy had nothing except what he was wearing, minus a pair of shoes/thongs. I was being a kind hearted person, stupid maybe but that is ok, maybe karma has helped me without me knowing...

[ROBINPATTAYA]

AXA insurance, well that is another matter, needless to say I am not with them now. They stood their ground & wouldn't pay for my tyre as it was used, (8,000 kilometres), they offered me a deal of 50% each. I asked them to show this item in their policy, they couldn't. Then I said show me this item in your corporate manual, they couldn't. They refused to budge saying I could wait for them to find a tyre with 8000 klms on it but this may take a year. Bastards

It is accepted practice here amongst all insurers not to reimburse the cost of tyres damaged in accidents on an 'as new' basis, but to to ascertain the amount of wear and tear and then pay an 'adjusted' amount. This probably explains why you couldn't find it in your policy, as it is normal.

I doubt whether your new insurer will behave any differently.

I'm not saying its right, but that's the way it is. I once had around 800K of insurance repairs done to my badly damaged BMW and everything was paid in full except a deduction for worn tyres....

If you check around, you will find It is a common bone of contention with farangs, but Thais understand that this is way it is it is done here.

unfortunately, there's little you can do about it.

I have since found out this is common practice, I was explaining to my Lawyer & he said it happens to everyone. The point is that it isn't written anywhere in the insurers manuals or work practice documents, it is up to the individual agent to get what he can from you regardless of the legal aspect of disclosure etc.

[ROBINPATTAYA]

I was given some good advice & that was to not rant & rave at the scene of the accident. Generally the person attending the accident won't speak English & you are wastung your breath.

Ask for all parties to go to the police station & everyone make a written statement. This is then transposed into the daily register & becomes gospel in any proceedings. The Thai party would be reluctant to tell too many lies in case it comes back to bite them in court.

Keep your cool, no raised voices & be patient, we are guests in this country.

Cheers all

[JaiLai]

I was travelling up Suk about 12.00 midnight when a very drunk Thai man ran across the road in front of me. He was dressed in black & it was a very dark area of Suk. I saw a glance of something out of my left side & swerved up onto the raised median strip taking out some bushes, posts etc. Luckily my swift actions resulted in the guy getting touched by my left fender knocking him out.

The emergency people quickly arrived & took charge. They called my insurance company & after about 20 minutes the police came. The car was badly damaged by my actions in avoiding the guy. I had to go to the hospital to identify the guy????

The next day I had to front up at the police station & identify the guy, (who I never really saw).

The police captain was fantastic & said the guy was drunk & my actions avoided him being killed, and said it wasn't my fault.

He also said the guy wanted to go to Petchabun but had no money, could I give him some. I volunteered thb500 which was accepted.

The police captain shook my hand & said I was a good man.

AXA insurance, well that is another matter, needless to say I am not with them now. They stood their ground & wouldn't pay for my tyre as it was used, (8,000 kilometres), they offered me a deal of 50% each. I asked them to show this item in their policy, they couldn't. Then I said show me this item in your corporate manual, they couldn't. They refused to budge saying I could wait for them to find a tyre with 8000 klms on it but this may take a year. Bastards

I have no complaints about how I was treated by the police, but that doesnt extend to the highway police....555

And your reason for giving him 500 baht was??

I thought I had a fair victory in what is called a corrupt society. The guy had nothing except what he was wearing, minus a pair of shoes/thongs. I was being a kind hearted person, stupid maybe but that is ok, maybe karma has helped me without me knowing...

Fair enough.

I once pulled in to a car park and just as i was getting out a guy came up with a little bit of blood trickling down his face, apparently a small stone had kicked up from my tire and he was unlucky enough to have been caught in the face with it.

I went to give him a 1000THB to get up to the hospital / clinic and get it seen to. He started to kick off and demanding more money, so i gave him nothing - idiot!

[JaiLai]

I was given some good advice & that was to not rant & rave at the scene of the accident. Generally the person attending the accident won't speak English & you are wastung your breath.

Ask for all parties to go to the police station & everyone make a written statement. This is then transposed into the daily register & becomes gospel in any proceedings. The Thai party would be reluctant to tell too many lies in case it comes back to bite them in court.

Keep your cool, no raised voices & be patient, we are guests in this country.

Cheers all

As hard as this may be this is VERY good advice.

[NanLaew]

And for even better advice, the first call is ALWAYS to the insurance agent.

[oops]

Well after two weeks of the Jomtien police holding my license and my truck and refusing to speak with anyone that actually saw the accident.

They told me I could pay them 500 baht and take the blame then he would release my truck to be repaired. Or the other option would be to allow it to

go to court which would take about two years. I said what about the two police that called him a liar... He said " Where, Where are they?' So the bottome line

is Thai WON.....Your points were well recieved ....thank you corrupt Thailand. Now, I am tired. i will take my money and leave. for sure.

This is why you should have gotten a layer.

Why ? so I could spend more of my hard earned money..? I have first class insurance...let them do...F it , I don't need to care. They just lost a bunch of money. All you ever hear here is Spend your money. Now that my truck is at the body shop...you know what I was told to do...give them some cash and the fix it for you fast....Ahhahahahahhaaaaahhhaa. NOT!