Girl In Bangkok Tollway Accident Sued For Bt36M

[webfact]

Girl in accident sued for Bt36m

By The Nation

The family of an academic who with eight other van passengers was killed in a tollway crash 100 days ago yesterday sued the girl driving the other vehicle for Bt36 million.

In the civil lawsuit, the mother of Sastra Chaothiang said she had lost support from her son calculated from his Bt50,000 monthly salary from the Thailand Institute of Scientific and Technological Research over the 28 years he would have worked there.

A fellow lecturer said the institute had also suffered huge financial damage following 10 years of its spending on Sastra and the scholarship it had granted him.

A separate civil lawsuit would possibly be lodged against the family of the unnamed 16yearold driver, he said.

-- The Nation 2011-04-11

Related topic

Eight People Killed In Grisly Bangkok Tollway Accident

[random]

Good, if the police don't do their job properly lets hope the civil court does.

[jackr]

Would prefer to see all of them dining on fish head soup for the next 20 years.

[Buchholz]

36,000,000??

The family was already compensated with 30,000 for Dr. Sastra's life.

From the fourth thread on the topic:

Laddawan prostrated herself at the feet of Sastra's adoptive mother, Thawin Chaothiang, 62, three times while apologising with teary eyes. She also gave a token compensation of Bt30,000 to her.

[Arjuna93]

Greedy bastards. Even on death of their own son they just think how to make money and put another person into trouble.

[Mugg]

What do you think a law suit normally entails? You calculate lost and go after it. I am not understanding where these comments are coming from, expand a bit.

[Mugg]

Greedy bastards. Even on death of their own son they just think how to make money and put another person into trouble.

It normally requires someone to die, in a wrongful death law suit.

Edited April 11, 2011 by Mugg

[jazzbo]

In the USA at least, compensatory damages are differentiated from punitive damages ...

Edited April 11, 2011 by jazzbo

[whybother]

36,000,000 baht.

28 years.

1,285,000 per year.

107,000 per month.

From 50,000 per month salary?

[random]

Greedy bastards. Even on death of their own son they just think how to make money and put another person into trouble.

I guess you would just accept the blame being deflected and accept the 30k, I guess your post is also sarcastic and you don't really mean it.

[howzat]

Arjuna seems confused and bitter and choice of words hardly appropriate.

Why shouldn't the family of this overindulged teenaget not have to pay for the irresponsible acts of their daughter. Think fish head soup would also be appropriate

[Thaddeus]

36,000,000 baht.

28 years.

1,285,000 per year.

107,000 per month.

From 50,000 per month salary?

Maybe annual pay rises are factored in.

Do you still get paid the same salary as you were 28 years ago?

[whybother]

36,000,000 baht.

28 years.

1,285,000 per year.

107,000 per month.

From 50,000 per month salary?

Maybe annual pay rises are factored in.

Do you still get paid the same salary as you were 28 years ago?

OK. I suppose it depends on how the money is paid to them, then. Not that I expect any, or that much, will be paid anyway.

edit: after some calcs ... if he were to get a 5% salary increase every year, he would only earn 35 mil baht. Are they suggesting that he gave all his salary to them?

Edited April 11, 2011 by whybother

[Mugg]

In the USA at least, compensatory damages are differentiated from punitive damages ...

And that means what in regards to this posting ....

[rocky3]

In the USA at least, compensatory damages are differentiated from punitive damages ...

And that means what in regards to this posting ....

Compensatory damages in compensation for lost in wages over the lifetime of the deceased.

Punitive damages punishment for your actions.

Not that hard to understand in my view. However when it comes to the life of an individual in Thailand 30,000 or 100,000 seems to be the normal compensation. It's rediculous to think that a life is so cheap in Thailand and that is why so many cases are settled out of court for so little.

[Cheops]

36,000,000 baht.

28 years.

1,285,000 per year.

107,000 per month.

From 50,000 per month salary?

Maybe annual pay rises are factored in.

Do you still get paid the same salary as you were 28 years ago?

OK. I suppose it depends on how the money is paid to them, then. Not that I expect any, or that much, will be paid anyway.

edit: after some calcs ... if he were to get a 5% salary increase every year, he would only earn 35 mil baht. Are they suggesting that he gave all his salary to them?

Hi All,

if you have read the small article you could read also following: "A fellow lecturer said the institute had also suffered huge financial damage following 10 years of its spending on Sastra and the scholarship it had granted him."

So the 36M baht is a combined sum of loss of support and loss from the institute who suffered huge financial damage (although I doubt that a bit ).

Edited April 11, 2011 by Cheops

[siampolee]

Cut a lass in half when driving you Hi-So car pay out 350,000 baht ,deal done. you've got money here the lower orders are expendable.

However in the motorway case someone with a bit of clout is willing to stand up and fight.

Let's hope it starts the ball rolling for all the other unfortunate victims in Thailand.

Certainly in the U.K. courts damages would be calculated upon an earnings projection as I am sure would be the case in The U.S.

I personally have no sympathy for the driver of the car, under aged, unskilled, basically aiming a 1 ton plus piece of steel like a misguided missile with tragic consequences.

Her family are guilty by virtue of aiding and abetting the young girl in her actions prior to and after the tragic event

[zzaa09]

Good, if the police don't do their job properly lets hope the civil court does.

We surely should all understand, that if this case involved the everyday Somchai.....he would have been imprisoned for some time. That's where she belongs. I say, proceed with the civil suit and criminal charges.

[virtualtraveller]

This is Thailand. Law enforcement is lax, you only go to jail if you are too poor to pay your way out, Thais don't expect to see justice served, what matters more is the financial compensation. The families of those killed are mostly concerned with the loss of financial support over the years and since the guilty party is from a rich family, their chances of getting fair compensation are high, they'd rather this than have the satisfaction of seeing her sit inside for years. Since she's rich she'll have to fork out a lot to preserve her freedom. The families of the dead won't complain, as long as they get their money. They don't believe in an 'eye-for-an-eye'.

One way or another this family will suffer dearly for her mishap, they will likely lose a large part of their fortune, resulting in a slide down the status ladder and inability to 'buy further status' through 'acquired opportunities'. Add to this the merit they will probably try to make over the years to satisfy their superstition of a poor next life resulting from the deaths.

This girl wasn't exactly driving recklessly, and she was perhaps more confident and capable of driving on the highway than many older people who have recently acquired a licence, where she screwed up was to driver under age, and being from a rich family has drawn attention to herself, when an accident occurs it can result in a bashed car or by ill fortune, a deadly crash, as in this case, amplifying the case.

By due to the arrogance of being a young rich kid believing she can get away with anything, she now has to get her daddy to pay through the nose to avoid her having to do any uncomfortable punishment. Where she loses out is that she stands to inherit far less wealth from her family when all is settled.

[thequietman]

Greedy bastards. Even on death of their own son they just think how to make money and put another person into trouble.

are you insane ? what is your thinking process ? a minor caused the deaths of a number of people and those families will be or are experiencing financial difficulties. they are perfectly entitled to take this to a civil court. the father made his daughter report to the police after the accident and the mother prosrtated herself and gave 30,000 baht ! do you think he/she did this because he/she thinks it was the right thing to do or maybe, just maybe a ruse to avoid this civil suit.

think on.

[samran]

Good, if the police don't do their job properly lets hope the civil court does.

We surely should all understand, that if this case involved the everyday Somchai.....he would have been imprisoned for some time. That's where she belongs. I say, proceed with the civil suit and criminal charges.

"unfortunately" for the girl, people killed in the bus come from not too dissimilar backgrounds: generally well educated and likely to be inclined to stand up for their rights. Probably a few strings that they can pull as well.

This issue won't be swept under the carpet as easily as say, the Lao girl who was killed.

[Bagwan]

This girl wasn't exactly driving recklessly, and she was perhaps more confident and capable of driving on the highway than many older people who have recently acquired a licence, where she screwed up was to driver under age, and being from a rich family has drawn attention to herself, when an accident occurs it can result in a bashed car or by ill fortune, a deadly crash, as in this case, amplifying the case.

This girl wasn't exactly driving safely either, was she?

Perhaps (your totally inappropriate word) she was more confident but then perhaps (again) that confidence was misplaced. The application of the law is about facts and realities not supposition. Perhaps and maybe live in the world of fantasy. Another perhaps - perhaps older people would recognise that they are not as gifted as Schumacher or Senna and so drive within their capabilities.

Where this fanciful young Miss screwed up was she broke the law. Where her family screwed up was they allowed her to do so, apparently as a matter of routine. I hope that they have to cough up big time.

It grieves me to think that if this event had occurred in the UK the delinquent may well have received a driving ban and given a few years probation. An adult would surely have been sent down.

[whybother]

Hi All,

if you have read the small article you could read also following: "A fellow lecturer said the institute had also suffered huge financial damage following 10 years of its spending on Sastra and the scholarship it had granted him."

So the 36M baht is a combined sum of loss of support and loss from the institute who suffered huge financial damage (although I doubt that a bit ).

You missed the following comment:

A separate civil lawsuit would possibly be lodged against the family of the unnamed 16yearold driver, he said.

[Junglejumbo]

Good luck to her. I doubt that she will get anything like this as the Courts have precedents for this kind of compensation and judges will be loathed to increase these amounts with their "this is Thailand not America" attitdude (even though in the US compensation for causing death could be far higher still). They also have to think about state enterprise in Thailand which won't want to payout large amounts should one of their workers die in a work related accident or if, in the unlikely event that the army ever admit to killing people either during the red shirt rally last year or on the many other previous occasions in Thailand's history.

[dannyman]

Very well said,Junglejumbo!

[rubik101]

Even if the bereaved families win the case, they will very likely receive very little of any compensation awarded. Lawyers fees, bribes, payments to the police etc. will all eat into it. The family will find ways of moving their money abroad and show that they are almost paupers by the time the case comes to court, which in any event, will be years away.

[softgeorge]

Even if the bereaved families win the case, they will very likely receive very little of any compensation awarded. Lawyers fees, bribes, payments to the police etc. will all eat into it. The family will find ways of moving their money abroad and show that they are almost paupers by the time the case comes to court, which in any event, will be years away.

Well they could send her to the bars to make it up.

[coma]

You can't get blood out of a stone.

[robblok]

"unfortunately" for the girl, people killed in the bus come from not too dissimilar backgrounds: generally well educated and likely to be inclined to stand up for their rights. Probably a few strings that they can pull as well.

This issue won't be swept under the carpet as easily as say, the Lao girl who was killed.

You are always defending Thais (and rightly so at times). But don't you agree that this is one of the biggest problems in Thailand. Getting justice when the rich and powerful are involved. I am not so sure if the 36 million is an ok sum. If they start with this then soon everyone will get sued and car insurance will increase.

[Payboy]

Good luck to her. I doubt that she will get anything like this as the Courts have precedents for this kind of compensation and judges will be loathed to increase these amounts with their "this is Thailand not America" attitdude (even though in the US compensation for causing death could be far higher still). They also have to think about state enterprise in Thailand which won't want to payout large amounts should one of their workers die in a work related accident or if, in the unlikely event that the army ever admit to killing people either during the red shirt rally last year or on the many other previous occasions in Thailand's history.

Looks like you have a finger on the pulse here JJ.