Car, Motorbike Accident

[Larsbo]

Today I had a bad experience with a motorbike driver and after - with the Chalong police. I write this to hear what I should have done if any one have a better way to tackle a problem like mine.

I was driving on a dark road from Chalong to Nai Harn and was looking for a restaurant to have a dinner with my wife.

If was raining hard and the road was very dark, the visibility bad.

I passed the restaurant I liked to go to and wanted to make a U turn.

because of the rain I stopped the car in left side where there was a house entrance I could use for the turn and waited to all traffic from behind had passed. Then very slowly I turned the car remember to use right side blink.

And out of no where in the rain a motorbike - hit me in the right side of the car and they fall down.

I stopped and wanted to go out to see is I could help, but When I opened the door the driver forced it open and kicked me 7 times in my ribs and in my face still sitting inside the car.

I knew that I did not see him, but wanted to help, I tried to say cha cha and even gave him a vave, but still he kicked me , and after he found a steel pipe and hit the car several times.

It is not like I was afraid, I am a big gay and strong, but did not like to fight when I see that his he and girlfriend was hurt,( only some skin on the legs was bleeding nothing serious- also the bike only a few scratches)

So I called the Chalong police and the tourist police and my wife went out to talk and calm the gay down.

When he heard that I called the police he came back and said no no no. But at that moment I thought that the police could calm him down and get an solution, Hi was driving to fast in the rain and he had very little light on the bike and I did not see him coming.

After a long waiting time the police came and suddenly they only wanted to hear from the Thai, every time I tried to say something they told me to shut up.

They asked me how much I could pay, and I said nothing because he kick me in the ribs 7 times and hit my car.

We then drove to the police station and after tree hours mostly waiting, they wanted 7000 bath, in between the police took the Thai out side maybe 5 times so we could not hear what was discussed .

I said that I would pay for the bike repair and for the girls hospital bill ( it was 350 bath + app 1600 for the bike + I agreed to pay 1500 for the girl because she maybe could not go to work next 2 or 3 days )

But then I wanted also a compensation because I have bend or broken a rib-bone and can not work for the next two weeks as dive instructor + and he damaged the top of the car with a steel pipe.

In the police station the Thai was talking all the time and every time I tried to say something the police got angry and aggressive.

They came with a price of 7000 bath and went out side again with the Thai, I offered 5000 Bath.

Then they took my car keys and said that my car now had to be there to the court could be started , maybe 6 months from now and he did not like to hear anything from me any more, He went out with the Thai one more time and asked me to help me to drive the car in to a covered parking because my windows was open and the electric did not work after the bike hit me.

In the car I told him that I thought I was stupid to make a court case from of a small accident, and a compromise would be better.

He refused, But came back again after a small talk with the Thai,

I then paid 6000 B and got my car

And the Thai came and gave me his hand on command from the police.

I am sitting here with a bend or broken rib bone and a bend in my car after he hit it with the pipe.

Is that how is should be done ??????

[KarenBravo]

Technically, you were in the wrong. You pulled out into the road when the road was not clear.

The Thai's reaction was totally uncalled for, but, that doesn't change the fact that the motorbike had right-of-way, even if he was driving too fast.

[rizla]

Technically, you were in the wrong. You pulled out into the road when the road was not clear.

The Thai's reaction was totally uncalled for, but, that doesn't change the fact that the motorbike had right-of-way, even if he was driving too fast.

So if someone is driving to fast for the road conditions, ie. very dark, raining, next to no lights, with no ability to stop,,,HE is in the right................thats a cracker

[jackdawson]

thx 4 the post

note to self; continue to NEVER drive in thailand

[BuckarooBanzai]

Big vs Small, Farang vs Thai, & Fault - you had a lot working against you. Next time switch seats with your wife and you may have a better chance.

[stevenl]

You were at fault. No way you can proof he drove too fast, he can proof you did not look properly. So yes, you have to compensate.

Always call your car insurance btw, they will help you because they don't want to pay.

His reaction was uncalled for, make a claim of misconduct at police station and go to court.

[LivinginKata]

note to self; continue to NEVER drive in thailand

That's always a good idea ...

[richard_smith237]

You might have been able to mitigate circumstances by having the motorbike driver charged with assault and claim hospital bills from him.

The threat of court and the car being locked up for 6 months was simply that. A similar thing happened to me about 10 years ago in Bangkok when I held fast and did not accept fault in similar circumstances (making a right hand turn off a road but was being overtaken at the same time and a mini-van hit me, indicators were on). I had to take my car to a different office to be inspected and the decision was made the following day, I never had to leave my car anywhere - The van who hit me didn't have insurance so in the end I accepted that 50% of the fault was mine and my insurance paid up for my car only. But perhaps the circumstances here were different because the police (not specifically the law BTW) look more favourably towards the motorcycle out of some form of 'looking after the poor guy' morality.

When the police are involved they always seem to attempt to push in the direction of least resistance - You were less resistant than the motorcycle driver and clearly had enough money to make the situation go away. Easier result for everyone concerned no? (except you of course).

Having the motorcycle rider charged with assault and criminal damage (to your car) may have evened out this least resistance and a better compromise may have been made.

Morally you clearly have the high ground Some will say just pay the B6000 and be done with it. But thats probably what every other foreigner has done which is why you are expected to do that now. OR, stick to your guns and play it out and have the motorcycle driver charged. You might find out that its not always the foreigner who loses and the law can be applied accurately and fairly when the police are pushed to do so.

Edited May 8, 2011 by richard_smith237

[Spoonman]

If your going to make a RH U-turn why would you move all the way to the LH side of the road first ?

dam_n lucky nobody was killed.

[kurnell]

The 'police' are hilarious here, and so predictable. You are a big guy so my advise would be to get out of the car and batter the Thai boy, give the girl a 1,000 baht to see a doctor and drive off to the restaurant. That is the Thai way, and as they say, "When in Rome..."

[katasyd]

Thanks for reaffirming the idea of driving off from a accident.

I would never do this back home in my own country but every Thai i know always says to me, 'If you have a accident, just leave and sort it out later'

[ignis]

I was told years ago here in Thailand a motorbike driver is always right, the car always in the wrong..

You could have been stopped/parked and he ran into the back of you, or he could have been riding the wrong way and hit the front of you, it would have still been your fault.

[LivinginKata]

I was told years ago here in Thailand a motorbike driver is always right, the car always in the wrong..

You could have been stopped/parked and he ran into the back of you, or he could have been riding the wrong way and hit the front of you, it would have still been your fault.

Yep, even if the motor bike is not legal, the driver has no licence, not wearing a helmet. Always will be the Farang's fault and payment/compensation will be demanded. Best to stay in the car, doors locked, phone your insurance rep. You are allowed to drive away and report to the closest police station within 24 hours.

[Boater]

It is not like I was afraid, I am a big gay

So I called the Chalong police and the tourist police and my wife went out to talk and calm the gay down

surprised he didnt hit you with his handbag........

but regardless of whether you are in the right or in the wrong, it will always be your fault

[grumpyoldman]

It is not like I was afraid, I am a big gay

So I called the Chalong police and the tourist police and my wife went out to talk and calm the gay down

surprised he didnt hit you with his handbag........

Slap in the face with some gloves?

[stevenl]

I was told years ago here in Thailand a motorbike driver is always right, the car always in the wrong..

You could have been stopped/parked and he ran into the back of you, or he could have been riding the wrong way and hit the front of you, it would have still been your fault.

Utter BS. Always call your insurance, don't admit blame, and if you're not to blame you will not be blamed.

But hey, somebody hits you in the side of the car while you're making a U-turn, that is easy. You will always be at fault.

[KarenBravo]

Utter BS. Always call your insurance, don't admit blame, and if you're not to blame you will not be blamed.

But hey, somebody hits you in the side of the car while you're making a U-turn, that is easy. You will always be at fault.

i wouldn't be so sure of that stevenl.

Remember the case of the parked car under a street-light, when a girl on her motorbike ran into it and killed herself? This was on Chao Fah road west.

The owner was an Expat and had to go to court and got a suspended sentence.

[stevenl]

Utter BS. Always call your insurance, don't admit blame, and if you're not to blame you will not be blamed.

But hey, somebody hits you in the side of the car while you're making a U-turn, that is easy. You will always be at fault.

i wouldn't be so sure of that stevenl.

Remember the case of the parked car under a street-light, when a girl on her motorbike ran into it and killed herself? This was on Chao Fah road west.

The owner was an Expat and had to go to court and got a suspended sentence.

Yes, and his car was parked illegally there. Plus, a exception is the proof of the law.

It is simply not true that a car always gets blamed, guilty or not. If the bike is to blame, it will normally also get the blame.

[KarenBravo]

Yes, and his car was parked illegally there. Plus, a exception is the proof of the law.

You're first statement that it was parked illegally was just a bullshit reason; the excuse to prosecute. Since when has it ever been illegal to park on the side of the Chao Fah road.

The second statement is just totally illogical (live long and prosper).

Edited May 8, 2011 by KarenBravo

[Tywais]

Yep, even if the motor bike is not legal, the driver has no licence, not wearing a helmet. Always will be the Farang's fault and payment/compensation will be demanded.

Not correct. Had a motorbike jump a red light in front of me and I broadsided him. The police took my license and the car had to be towed to the station. When I went with my secretary to the station later that day to get a letter as to why I had no license with me in order to drive a loaner the police returned my license and informed me that a witness had come forward verifying my account of things.

During the several meetings at the station with the mc driver the police was clearly on my side due to the witness and circumstances (mc drivers jump that light regularly). Anyway, after the police got tired of listening to his arguing I was at fault they closed the case citing him.

The mc driver took me to court on criminal charges for negligence and lying to the police. He managed to 'dig up' a witness several weeks after the fact, a friend of his. The judge dismissed the case with no chance of appeal from the other party. He is now being charged by the attorney general and has to go to court to defend himself. If they had accepted my nam jai offer of paying for half the repair costs, requested by his parents, it would have been over a year ago.

BTW, definitely contact the insurance company immediately - they were brilliant in handling the entire situation including supplying a lawyer for the court case.

[falkan]

your mistakes you'll stay! next time drive asap away! right or wrong does not matter, always the white man's fault 80% of cases in Thailand..

[stevenl]

I do agree with you, KB, though that traditionally the motorbike was not to blame (poor guy) and the car was to blame (rich guy plus insurance).

However this has changed drastically over the last couple of years.

If the motorbike is to blame, it will be blamed. Just make sure you call your own insurance, and you really have to be in the right.

[stevenl]

Yes, and his car was parked illegally there. Plus, a exception is the proof of the law.

You're first statement that it was parked illegally was just a bullshit reason; the excuse to prosecute. Since when has it ever been illegal to park on the side of the Chao Fah road.

Where he was parked, across the while line I believe, it was illegal to park. So the reasoning was very simple: you park where you're not allowed to park, somebody runs/drives into you, you're to blame because you were there illegally. Edited May 8, 2011 by stevenl

[simon43]

I was told years ago here in Thailand a motorbike driver is always right, the car always in the wrong..

I can't agree. Last year I was driving a hire car in Chiang Rai and a woman on a motorbike drove into the side of my car as I was turning left, (indicators on). She was not hurt, but knowing that both she and local bystanders might try the 'blame it on the farang' trick, I jumped out of my car, asked her why she had hit my car, and starting taking photos of her, her bike and my car, all the time muttering in Thai about the hired car and how the car rental company would want to sue her for the slight damage.

She disappeared very fast without pressing her case, and all the bystanders were 'p*ssing' themselves with laughter at the incident. No-one hurt, only slight damage done, and my wallet remained intact.

But in direct response to the OP, my view of Chalong Police, (from reading many stores/news articles over the years), is that some of their officers may be a teansy-weensy bit corrupt or incompetent. (There - I said it!)

Simon

Edited May 8, 2011 by simon43

[KarenBravo]

I do agree with you, KB, though that traditionally the motorbike was not to blame (poor guy) and the car was to blame (rich guy plus insurance).

However this has changed drastically over the last couple of years.

If the motorbike is to blame, it will be blamed. Just make sure you call your own insurance, and you really have to be in the right.

Call insurance? Sorry, I'm unable to drive a car (failed my test 34 years ago).

I'm one of those pesky step-thru motorcy drivers...........

[KarenBravo]

Where he was parked, across the while line I believe, it was illegal to park. So the reasoning was very simple: you park where you're not allowed to park, somebody runs/drives into you, you're to blame because you were there illegally.

You can park on white lines. Limited parking on yellow. No parking on double yellow, or red.

I think thems the rules. Correct me if I'm wrong.

[NamKangMan]

You were at fault. No way you can proof he drove too fast, he can proof you did not look properly. So yes, you have to compensate.

Always call your car insurance btw, they will help you because they don't want to pay.

His reaction was uncalled for, make a claim of misconduct at police station and go to court.

"make a claim of misconduct at the police station and go to court." :) :) :)

[NamKangMan]

thx 4 the post

note to self; continue to NEVER drive in thailand

That's still no good. If you are a pedestrian and a Thai riding a motor bike runs into you, it's still your fault. :) :) Everything is "the farang's" fault - we are "aliens." :)

[stevenl]

I do agree with you, KB, though that traditionally the motorbike was not to blame (poor guy) and the car was to blame (rich guy plus insurance).

However this has changed drastically over the last couple of years.

If the motorbike is to blame, it will be blamed. Just make sure you call your own insurance, and you really have to be in the right.

Call insurance? Sorry, I'm unable to drive a car (failed my test 34 years ago).

I'm one of those pesky step-thru motorcy drivers...........

That's good, because that means according to your reasoning you're never to blame for an accident.

[stevenl]

thx 4 the post

note to self; continue to NEVER drive in thailand

That's still no good. If you are a pedestrian and a Thai riding a motor bike runs into you, it's still your fault. :) :) Everything is "the farang's" fault - we are "aliens." :)

look at the stories here saying otherwise, and I also have experience otherwise.